December 11, 2012
RYAN RAY CORMAN, PLAINTIFF,
WAYNE STENEHJEM, NORTH DAKOTA STATE ATTORNEY GENERAL, JONATHAN BYERS, ASSISTANT STATE ATTORNEY GENERAL, KEN
SORENSON, ASSISTANT STATE ATTORNEY GENERAL, CARMELL MATTISON, STATE'S ATTY, NORTHEAST JUDICIAL DISTRICT, KRISTI PETTIT, STATE'S ATTY, NORTHEAST JUDICIAL DISTRICT, LES "BARNEY" TOMANEK, SUPERVISOR, ND DEPT. OF CORRECTIONS, PROBATION, LORALYN WALTZ, PROBATION AGENT, NDDOCR P&P, WADE PRICE, PROBATION AGENT, CHAD TORGESON, PROBATION AGENT, DON REDMANN, WARDEN, JAMES RIVER CORRECTIONAL CENTER, GRAND FORKS POLICE DEPARTMENT, WILLIAM "BILL" MACKI, SGT., GFPD, JIM VIGNESS, DETECTIVE, GFPD, OFFICER KALINNEN, FIRST NAME UNKNOWN, OFFICER JOHNSTON, FIRST ) NAME UNKNOWN, DR. DONALD NEWBERRY, CONTRACT PYSCHOLOGICAL 'EVALUATOR', NORTH DAKOTA DEPT. OF CORRECTIONS AND REHABILITATION, CPC RULE, INC., CONTRACT 'PROGRAM' PROVIDER, TIM SINN, SUPERVISOR ) AND AGENT, CPC RULE, INC., TERRY DEMARS, CONTRACT 'COUNSELOR', EMPLOYEE CPC RULE, INC., LACEY ANDERSON, 'HUMAN RESOURCE COUNSELOR', NDDOCR, JRCC, NORTHEAST HUMAN SERVICES CENTER, GRAND FORKS, ND, PETER WELTE, STATE'S ATTORNEY, NORTHEAST JUDICIAL DISTRICT, BARBARA BRIELAND, JULIE MUNKEBY, AND ORIE OKSENDAHL, RESPONDENTS.
The opinion of the court was delivered by: Ralph R. Erickson, District Judge United States District Court
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, recommending that Ryan Ray Corman's motion for writ of mandamus (Doc. #26), motion for a protective order (Doc. #27), motion for second writ of mandamus (Doc. #28), and motions protective order and an order to correct his conditions of confinement (Doc. #33) be denied on the grounds that the North Dakota State Hospital and its employees are not parties to this action. Corman has objected, contending that his lack of legal experience and the conditions of his confinement led to the error in pleading. (Doc. #10). Corman also notes that he mistakenly filed some motions that were intended for other cases he has pending in this Court. (Id.)
The Court has reviewed the Report and Recommendation, along with the entire record in this matter, and finds that the Magistrate Judge's position is correct. The Court ADOPTS the Report and Recommendation in its entirety and ORDERS that Corman's motion for writ of mandamus (Doc. #26), motion for protective order (Doc. #27), motion for second writ of mandamus (Doc. #28), and motions protective order and for an order to correct his conditions of confinement (Doc. #33) be denied.
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