govinfo:USCOURTS-mnd-0_25-cv-04319-1

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA  
 
 
Tyrone Franklin Ward, Jr., 
 
   Petitioner, 
 
v. 
 
Dr. Soniya Hirachan, Malinda Henderson, 
and Becca Kennedy,  
 
   Defendants. 
 
 
Civ. No. 25-4319 (JWB/DTS) 
 
 
 
ORDER ACCEPTING 
REPORT AND RECOMMENDATION 
OF MAGISTRATE JUDGE 
 
United States Magistrate Judge David T. Schultz issued a Report and 
Recommendation (“R&R”) in this matter on April 30, 2026. (Doc. No. 35.) Although 
Plaintiff Tyrone Franklin Ward, Jr. has filed an objection to the R&R (Doc. No. 37), his 
filing does not specifically challenge the R&R’s findings or analysis. Instead, he restates 
some of his symptoms and reports more about the underlying events.  
Ward’s filing either presents arguments already considered by the Magistrate 
Judge or attempts to introduce new allegations—neither of which constitutes a proper 
objection to the R&R. See Montgomery v. Compass Airlines, LLC, 98 F. Supp. 3d 1012, 
1017 D. Minn. 2015) (R&R objections that “are not specific but merely repeat arguments 
presented to and considered by a magistrate judge are not entitled to de novo review, but 
rather are reviewed for clear error”); Smith v. Eischen, Civ. No. 23-2866 (JMB/SGE), 
2025 WL 732304, at *1 n.1 (D. Minn. Mar. 7, 2025) (new theories, arguments, and 
claims cannot be raised for the first time in an R&R objection). 
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2 
Absent timely objections, an R&R is reviewed for clear error. See Fed. R. Civ. P. 
72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, 
no clear error is found. And Ward’s objection does not identify any error of law or fact 
that warrants rejecting the R&R’s recommendation to dismiss his case. While the Court 
acknowledges that Ward’s health conditions are challenging and persistent, he has not 
alleged facts that plausibly show deliberate indifference to serious medical needs. 
ORDER 
Based on the R&R of the Magistrate Judge, and on all the files, records, and 
proceedings in this case, IT IS HEREBY ORDERED that: 
1. Plaintiff Tyrone Franklin Ward, Jr.’s Objection to the April 30, 2026 
Report & Recommendation (Doc. No. 37) is OVERRULED. 
2. The April 30, 2026, Report and Recommendation (Doc. No. 35) is 
ACCEPTED.  
3. Defendants’ Motion to Dismiss (Doc. No. 14) is GRANTED. 
4. The Amended Complaint (Doc. No. 4) is DISMISSED. 
LET JUDGMENT BE ENTERED ACCORDINGLY. 
  Date: June 15, 2026  s/ Jerry W. Blackwell   
  JERRY W. BLACKWELL 
  United States District Judge 
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