Baron Jones v Mike Rogosheske, et seq., 27-CV-15-17798 Judge Ronald L.

Abrams

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

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Baron Montero Jones,

Plaintiff, MEMORANDUM OF LAW AND AFFIDAVIT IN SUPPORT

IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS
V PURSUANT TO MINN.GEN.R.PRAC. 115.03(b)

Mike Rogosheske, The Minnesota Department of Corrections;

Hennepin County Department of Community Corrections and Rehabilitation, et al.,

Defendants. Case No: 27-CV-17798

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The Plaintiff, Baron Montero Jones, who appears pr se, hereby files this MEMORADUM OF LAW

AND AFFIDAVIT IN SUPPORT IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS

PURSUANT TO MINN.GEN.PRAC. 115.03(b) under penalty of perjury (28 USC § 1746 and

Minn.Stat. § 358.116).

I. MOTION TO DISMISS

1. Defendants by and or through their attorney's Ian M. Welsh (attorney for State Defendants) and

Beth A. Stack (attorney for Hennepin County Defendants) hereby moves to dismiss all Plaintiff's

claims pursuant to insufficiency of service of process, see Minn.R.Civ.P. 12.02 (d), and further

moves to dismiss all claims because Plaintiff had allegedly failed to state a claim upon which

relief can be granted, see Minn.R.Civ.P. 12.02(e). Additionally the Defendants assert that the

Plaintiff's claims are barred due to the Defendant's immunity.

2. A defendant can move the district court to dismiss a claim for insufficient service of process.

Minn.R.Civ.P. 12..02(d). "The determination of whether a summons and complaint is properly

served is jurisdictional question of law." Amdahl v Stonewall Ins. Co., 484 N.W.2d 811, 814

(Minn.App. 1992), review denied, (Minn. July 16, 1992). A claim must be dismissed if proper

service of process has not been complete. In re Skyline Materials, Ltd., 835 N.W.2d 472, 477-78

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Baron Jones v Mike Rogosheske, et seq., 27-CV-15-17798 Judge Ronald L. Abrams

(Minn. 2013). In addition, the district court must dismiss a case where the statute of limitations

has run. See Johnson v Winthrop Labs. Div. Of Sterling Drug, Inc., 291 Minn. 145, 151, 190

N.W.2d 77, 81 (1971) ("Courts have no power to extend or modify statutory limitations