Walck v. Heinert et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Mitchell Lee Walck, 	) 	ORDER VACATING DISMISSAL AND
) 	REPORT AND RECOMMENDATION
) 	RE: § 1915A SCREENING
Plaintiff, 	)
)
vs. 	)
)
Mr. Pat Heinert, et al., 	)
) 	Case No.: 1:16-cv-331
Defendants. 	)
_____________________________________________________________________________
On March 26, 2020, this Court filed an Order dismissing the case. (Doc. No. 16). As the
Plaintiff did not consent to the Magistrate Judge’s jurisdiction, the previous order (Doc. No. 16)
is hereby VACATED.
Judge 	Hovland 	has 	referred 	this 	matter 	to 	the 	Magistrate 	Judge 	for 	preliminary
consideration. The undersigned recommends that the complaint be dismissed as indicated below.
Before the Court is Walck’s complaint (Doc. No. 6). As articulated in the Court’s most
recent order, all suits filed by prisoners against governmental entities, officers, or employees
require an initial screening pursuant to 28 U.S.C. § 1915A. 	This Court conducted the initial
screening, and on February 20, 2020, filed an order pursuant to § 1915A finding that Walck’s
complaint failed to state a claim upon which relief could be granted, and was subject to
dismissal. (Doc. No. 15). In that Order, the Court gave Walck until March 5, 2020, to file an
amended complaint. Id.
The March 5, 2020 deadline has elapsed, and the Court has received no additional filings
from Walck. Accordingly, pursuant to 28 U.S.C. § 1915A, I recommend that his complaint be
dismissed for failure to state a claim.
Case 1:16-cv-00331-DLH-CRH Document 17 Filed 03/26/20 Page 1 of 2

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NOTICE OF RIGHT TO FILE OBJECTIONS
Plaintiff 	shall 	have 	until 	April 	17, 	2020, 	to 	file 	objections 	to 	this 	Report 	and
Recommendation. See D.N.D. Civil L.R. 72.1(D)(3). Failure to file appropriate objections may
result in the recommended action being taken.
Dated this 26th day of March, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter
United States Magistrate Judge
Case 1:16-cv-00331-DLH-CRH Document 17 Filed 03/26/20 Page 2 of 2