UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                


Howard W. Amos,                           Civ. No. 22-2108 (JWB/DLM)      

             Plaintiff,                                                 
                                       ORDER ACCEPTING                  
v.                                REPORT AND RECOMMENDATIONS              
                                     OF MAGISTRATE JUDGE                
Ryan Kelly, Chad Conner, Peng Moua,                                       
Dirk Spree, Ryan Miller, and Kurtis                                       
Schoonover, in their individual and official                              
capacities, John Doe and Jane Doe, in their                               
individual capacities, North Memorial                                     
Medical Center, in their individual and                                   
official capacity, and the City of                                        
Minneapolis,                                                              

             Defendants.                                                


   United States Magistrate Judge Douglas L. Micko issued Report and    
Recommendations on October 27, 2023 (Doc. No. 67) and on January 17, 2024 (Doc. No. 
76) (collectively “the R&Rs”). No objections have been filed to the R&Rs in the time 
permitted. In the absence of timely objections, the R&Rs are reviewed for clear error. See 
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 

 (8th Cir. 1996). Upon 
review of both R&Rs, no clear error is found.                             
   Based on the R&Rs of the Magistrate Judge, and on all of the files, records, and 
proceedings herein, IT IS HEREBY ORDERED that:                            
   1.   The October 27, 2023 Report and Recommendation (Doc. No. 67) is 
ACCEPTED;                                                                 
   2.   Defendant Ryan Miller is DISMISSED WITHOUT PREJUDICE from       
this action due to Plaintiff Howard W. Amos’s failure to effect timely service under 
Federal Rule of Civil Procedure 4(m);                                     

   3.   The January 17, 2024 Report and Recommendation (Doc. No. 76) is 
ACCEPTED;                                                                 
   4.   All claims against Defendants John Doe, Jane Doe, and North Memorial 
Medical Center are DISMISSED WITHOUT PREJUDICE due to Plaintiff’s failure to 
prosecute under Federal Rule of Civil Procedure 41(b);                    
   5.   Defendants John Doe, Jane Doe, and North Memorial Medical Center’s 

Motion to Dismiss (Doc. No. 39) is DENIED AS MOOT;                        
   6.   Defendants Ryan Kelly, Chad Conner, Peng Moua, Dirk Spee, Kurtis 
Schoonover, and the City of Minneapolis’ Motion for Judgment on the Pleadings (Doc. 
No. 46) is GRANTED;                                                       
   7.   Defendants Chad Conner, Peng Moua, Dirk Spee, and the City of   

Minneapolis are DISMISSED WITHOUT PREJUDICE from this action due to       
Plaintiff’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 
   8.   Plaintiff’s claims for assault and battery under Minnesota law are 
DISMISSED WITH PREJUDICE per 

; and                    
   9.   Plaintiff’s Motion to Stay the Motion for Judgment on the Pleadings (Doc. 

No. 68) is DENIED.                                                        
Date: February 26, 2024           s/ Jerry W. Blackwell                 
                                 JERRY W. BLACKWELL                     
                                 United States District Judge           

               UNITED STATES DISTRICT COURT                             
                   DISTRICT OF MINNESOTA                                


Howard W. Amos,                           Civ. No. 22-2108 (JWB/DLM)      

             Plaintiff,                                                 
                                       ORDER ACCEPTING                  
v.                                REPORT AND RECOMMENDATIONS              
                                     OF MAGISTRATE JUDGE                
Ryan Kelly, Chad Conner, Peng Moua,                                       
Dirk Spree, Ryan Miller, and Kurtis                                       
Schoonover, in their individual and official                              
capacities, John Doe and Jane Doe, in their                               
individual capacities, North Memorial                                     
Medical Center, in their individual and                                   
official capacity, and the City of                                        
Minneapolis,                                                              

             Defendants.                                                


   United States Magistrate Judge Douglas L. Micko issued Report and    
Recommendations on October 27, 2023 (Doc. No. 67) and on January 17, 2024 (Doc. No. 
76) (collectively “the R&Rs”). No objections have been filed to the R&Rs in the time 
permitted. In the absence of timely objections, the R&Rs are reviewed for clear error. See 
Fed. R. Civ. P. 72(b); Grinder v. Gammon, 

 (8th Cir. 1996). Upon 
review of both R&Rs, no clear error is found.                             
   Based on the R&Rs of the Magistrate Judge, and on all of the files, records, and 
proceedings herein, IT IS HEREBY ORDERED that:                            
   1.   The October 27, 2023 Report and Recommendation (Doc. No. 67) is 
ACCEPTED;                                                                 
   2.   Defendant Ryan Miller is DISMISSED WITHOUT PREJUDICE from       
this action due to Plaintiff Howard W. Amos’s failure to effect timely service under 
Federal Rule of Civil Procedure 4(m);                                     

   3.   The January 17, 2024 Report and Recommendation (Doc. No. 76) is 
ACCEPTED;                                                                 
   4.   All claims against Defendants John Doe, Jane Doe, and North Memorial 
Medical Center are DISMISSED WITHOUT PREJUDICE due to Plaintiff’s failure to 
prosecute under Federal Rule of Civil Procedure 41(b);                    
   5.   Defendants John Doe, Jane Doe, and North Memorial Medical Center’s 

Motion to Dismiss (Doc. No. 39) is DENIED AS MOOT;                        
   6.   Defendants Ryan Kelly, Chad Conner, Peng Moua, Dirk Spee, Kurtis 
Schoonover, and the City of Minneapolis’ Motion for Judgment on the Pleadings (Doc. 
No. 46) is GRANTED;                                                       
   7.   Defendants Chad Conner, Peng Moua, Dirk Spee, and the City of   

Minneapolis are DISMISSED WITHOUT PREJUDICE from this action due to       
Plaintiff’s failure to effect timely service under Federal Rule of Civil Procedure 4(m); 
   8.   Plaintiff’s claims for assault and battery under Minnesota law are 
DISMISSED WITH PREJUDICE per 

; and                    
   9.   Plaintiff’s Motion to Stay the Motion for Judgment on the Pleadings (Doc. 

No. 68) is DENIED.                                                        
Date: February 26, 2024           s/ Jerry W. Blackwell                 
                                 JERRY W. BLACKWELL                     
                                 United States District Judge