Colbert v. Salmon et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
LENEIL JAMES COLBERT, JR.,
Plaintiff,
v.
CHRIS SALMON; PRISON
FELLOWSHIP ACADEMEY; EDDIE
MILES; NURSING/MEDICAL;
DEPARTMENT OF CORRECTIONS;
PAUL SCHNELL; and MARK
KODERICK,
Defendants.
Case No. 25‐CV‐3982 (NEB/DJF)
ORDER ACCEPTING REPORT AND
RECOMMENDATION
The Court has received the February 5, 2026 Report and Recommendation of
United States Magistrate Judge Dulce J. Foster. (ECF No. 6.) No party has objected to that
Report and Recommendation, and the Court therefore reviews it for clear error. See Fed.
R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding
no 	clear 	error, 	and 	based 	upon 	all 	the 	files, 	records, 	and 	proceedings 	in 	the
above‐captioned matter, IT IS HEREBY ORDERED THAT:
1. 	The Report and Recommendation (ECF No. 6) is ACCEPTED;
2. 	Plaintiff Leneil James Colbert, Jr.’s Amended Complaint (ECF No. 5) is
DISMISSED WITHOUT PREJUDICE, for lack of jurisdiction, to the extent it
brings: (a) claims against Defendant Department of Corrections; and (b)
official‐capacity 	claims 	for 	damages 	or 	retrospective 	relief 	against
Defendants Eddie Miles and Paul Schnell;
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3. 	The Amended Complaint is otherwise DISMISSED WITHOUT PREJUDICE
under 28 U.S.C. § 1915A(b), for failure to state a claim, to the extent it brings
any other federal‐law claims; and
4. 	Supplemental jurisdiction over any state‐law claims in the Amended
Complaint is declined.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 12, 2026 	BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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