Raymond Leon Semler v. Nancy Johnston, Executive Director of MSOP

United States Court of Appeals
For the Eighth Circuit
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No. 21-3220
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Raymond Leon Semler
lllllllllllllllllllllPlaintiff - Appellant
v.
Nancy Johnston, Executive Director of MSOP, et al.
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: February 22, 2022
Filed: February 25, 2022
[Unpublished]
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Before LOKEN, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Raymond Semler, who is civilly committed to the Minnesota Sex Offender
Program (MSOP), brought this civil action against MSOP employees alleging that
they violated his First Amendment rights by instituting a policy that limited his

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outside purchases to certain approved vendors. Semler appeals the district court’s1
order granting defendants’ motion to dismiss for failure to state a claim.
After careful de novo review, see Levy v. Ohl, 477 F.3d 988, 991 (8th Cir.
2007), we agree with the district court’s conclusion that the challenged policy was a
de minimis restriction. See Senty-Haugen v. Goodno, 462 F.3d 876, 886 n.7 (8th Cir.
2006). We also conclude that the court was not required to issue a report and
recommendation before ruling on defendants’ motion to dismiss. See 28 U.S.C.
§ 636(b)(1)(B).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1The Honorable Nancy E. Brasel, United States District Judge for the District
of Minnesota.
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