govinfo:USCOURTS-mnd-0_25-cv-02502-1

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA 
 
A Report and Recommendation  (R&R) was issued by United States Magistrate 
Judge Douglas L. Micko dated January 6, 2026.  (Docket No. 59.)  No objections to the R&R 
have been  timely received.1  Accordingly, b ased on the foregoing, and all the files, 
records, and proceedings herein, IT IS HEREBY ORDERED that: 
1. The Report and Recommendation (Docket No. [59]) is ADOPTED;  
2. Plaintiff Antonio Dupree Wright’s amended complaint ( Docket Nos. [51], [54] 
(“Amended Complaint”)) is  DISMISSED WITHOUT PREJUDICE ,2 based on 
 
 
1 As further explained in the R&R, as a result of this Order, “the only Counts remaining are 
Counts 1 and 8, and the only Defendants remaining are  Mahowald, Reding, and Bertholf (each 
sued in his individual capacity).”  ( R&R at 33.)  Note: Defendants Reding and Bertholf have not 
been properly served.  (See Order, June 2, 2026, Docket No. 95.) 
 
2 A dismissal without prejudice means that Wright may refile his Complaint, but  Wright 
must correct the errors that the Magistrate  Judge identified in the R&R .  The Court notes that 
Wright has filed a Request for Leave to File a Second Amended Complaint (Docket No. 78); this 
Order does not address that Request. 
ANTONIO DUPREE WRIGHT, 
 
 Plaintiff, 
 
v. 
 
RAMSEY COUNTY, MINNESOTA et al., 
 
 Defendants. 
 
Civil No. 25-2502 (JRT/DLM) 
 
 
 
ORDER ADOPTING REPORT  
AND RECOMMENDATION 
 
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Eleventh Amendment immunity, to the extent it brings official- capacity claims 
against Defendants “Ramsey County District Court Chief Judge,” “Ramsey 
County District Court Administrator,” Elena Ostby, and Tim Walz.  
3. The Amended Complaint is  DISMISSED WITH PREJUDICE , based on judicial 
immunity, to the extent it brings individual-capacity claims against Defendants 
“Ramsey County District Court Chief Judge” and Elena Ostby. 
4. The Amended Complaint is DISMISSED WITH PREJUDICE, due to prosecutorial 
immunity, to the extent it brings individual-capacity claims against Defendants 
John J. Choi and Derek Fitch. 
5. The Amended Complaint is DISMISSED WITH PREJUDICE, due to quasi-judicial 
immunity, to the extent it brings individual- capacity claims against “Ramsey 
County District Court Administrator.” 
6. The Amended Complaint is  DISMISSED WITHOUT PREJUDICE , for failure to 
state a claim, to the extent it brings the following claims: 
a. Claims under the Violent Crime Control and Law Enforcement Act of 
1994 (i.e., 34 U.S.C. § 12601), the Omnibus Crime Control and Safe 
Streets Act of 1968 (i.e., 34 U.S.C. § 10228), and Title VI of the Civil Rights 
Act of 1964 (i.e., 42 U.S.C. § 2000d), as laid out in Counts 5 and 6; 
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b. Individual-capacity claims against Defendants Tim Walz, Melvin Carter, 
the “Saint Paul Police Department Chief,” and the “Ramsey County 
Sheriff”; 
c. Official-capacity claims under 42 U.S.C. § 1983 claims against 
Defendants Ramsey County, the City of Saint Paul, and any County or 
City employees (as sued in their official capacities); 
d. Counts 2, 3, 4, and 7 (including, as discussed above, any subsidiary 
subclaims that Wright offers within those claims); 
e. Claims under 42 U.S.C. § 1985(3); and 
f. Counts 9 and 10. 
DATED:  June 16, 2026   _____/s/ John R. Tunheim_____ 
at Minneapolis, Minnesota. JOHN R. TUNHEIM 
   United States District Judge 
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