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Johnson v. Hoberman

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION


March 31, 2009

STEVEN L. JOHNSON, PLAINTIFF,
v.
HARRY M. HOBERMAN, RACHEL WALLOCK, PETER WELTE, AND CHRISTEN THELEN, DEFENDANTS.

The opinion of the court was delivered by: Daniel L. Hovland, Chief Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

On May 12, 2008, the Plaintiff filed a motion for a preliminary injunction and a temporary restraining order. See Docket No. 13. The motion for a temporary restraining order was denied and the motion for a preliminary injunction was held in abeyance. The requested preliminary injunction would enjoin the defendants from using a sexual offender risk assessment which was completed as part of a state court pre-sentence investigation report..

Magistrate Judge Karen K. Klein reviewed the Plaintiff's motion and on March 6, 2009, submitted a Report and Recommendation. See Docket No. 49. Judge Klein recommended that the Plaintiff's motion be denied. The Plaintiff was given ten (10) days to file an objection to the Report and Recommendation. The Plaintiff did not file an objection.

The Court has carefully reviewed the Report and Recommendation, relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive. Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 49) in its entirety and DENIES the Plaintiff's motion for a preliminary injunction (Docket No. 13).

IT IS SO ORDERED.

20090331

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