Case Information
*1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA Richard Allen Smuda,
Plaintiff, Case No. 3:16-cv-335 -vs-
ORDER ADOPTING REPORT AND Leann Bertsch, Director, North Dakota RECOMMENDATION Department of Corrections and
Rehabilitation, in her official capacity,
et al.,
Defendants.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge. [1] The Report and Recommendation recommends that the defendants’ motions to dismiss for insufficient service of process be denied; that the plaintiff’s motions for default judgment be denied; and the plaintiff’s motion to rule on the aforementioned pending motions be granted. No party has filed objections to the Report and Recommendation within the prescribed time period. Upon consideration, the court hereby adopts the Report and Recommendation in its entirety.
For the reasons set forth in the magistrate judge’s Report and Recommendation, the defendants’ motions to dismiss for insufficient service of process [2] are DENIED ; the plaintiff’s motions for default judgment [3] are DENIED ; and the plaintiff’s motion to rule *2 on the identified pending motions [4] is GRANTED .
IT IS SO ORDERED.
Dated this 20th day of September, 2017.
/s/ Ralph R. Erickson Ralph R. Erickson, District Judge United States District Court
[1] Doc. #63.
[2] Docs. #33 & #40.
[3] Docs. #43 & #45. 1
[4] Doc. #51. 2