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Werner Wolfgang Rummer v. State of North Dakota

December 5, 2012

WERNER WOLFGANG RUMMER, PLAINTIFF,
v.
STATE OF NORTH DAKOTA, ET AL., DEFENDANTS.



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

ORDER ADOPTING REPORT AND RECOMMENDATION

Before the Court is Magistrate Judge Charles S. Miller Jr.'s Report and Recommendation filed on March 27, 2012. See Docket No. 11. The Report and Recommendation provides in relevant part as follows:

Based on the foregoing, it is hereby RECOMMENDED that the following claims be DISMISSED without prejudice:

A. All of Rummer's claims on behalf of other inmates (Claim Nos. 22 and 32);

B. Rummer's claims for damages against defendants in their official capacities;

C. Rummer's slip and fall claims (Claim Nos. 1-2, 7-15, 21, 23, and 32);

D. Rummer's claim re the "nerve block procedure" (Claim No. 27);

E. Rummer's claims re verbal harassment (Claim Nos. 17 and 25);

F. Rummer's claims re staff's failure to respond to grievances (Claim No. 28);

G. Rummer's claim re use of taxpayer money (Claim No. 22); and

H. Rummer's claim re wrongful conviction and general safety of the NDSP (Claim No. 5).

It is further RECOMMENDED that Rummer be allowed to proceed with his claims for deliberate indifference to serious medical needs (Claim Nos. 4, 18-19, 24-26, and 30) and retaliation (Claim No. 16), but only as to defendants: Robyn Schmalenberger, Kathy Bachmeier, Jessica Wilkin, and Dr. John Hagan.

See Docket No. 11, pp. 22-23. Rummer filed an objection to the Report and Recommendation on April 11, 2012. See Docket No. 12. He also filed an "Appeal From Order & Recommendation Dated March 27, 2012" on November 14, 2012. See Docket No. 20.

The Court has carefully reviewed Judge Miller's Report and Recommendation, the relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive. Accordingly, the Court ADOPTS the Report and ...


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