UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


BRANDON BIERBRAUER,                Case No. 24-cv-3812 (LMP/DJF)         

                    Plaintiff,                                           

v.                               ORDER ADOPTING REPORT AND               
                                      RECOMMENDATION                     
DOC; ZAHN & CANINE PARTNER,                                              
CCO1; HENRY D. PADELFORD;                                                
ADAM C. KODET; SHANE M.                                                  
JONES; DENNIS ZAHN; STACI                                                
STONE; BRYAN F. DETTLOFF;                                                
LIVINGSTON; and CHRYSTAL                                                 
ANDERSON,                                                                

                    Defendants.                                          


    This matter is before the Court on the Report and Recommendation (“R&R”) of 
United States Magistrate Judge Dulce J. Foster, entered December 19, 2024.  The R&R 
concludes that, pursuant to 28 U.S.C. § 1915A(b), Defendant Canine Partner should be 
dismissed from this action with prejudice, and all other Defendants except Dennis Zahn 
should be dismissed from this action without prejudice.  ECF No. 12 at 4.  Neither party 
objects to the R&R, see Fed. R. Civ. P. 72(b), so the Court reviews it for clear error, Grinder 
v. Gammon, 

 (8th Cir. 1996) (per curiam).                 

1 The docket lists Zahn & Canine Partner, CCO, as a single party.  The Court understands 
“Zahn” to refer to Defendant Dennis Zahn, who is separately identified as an individual 
defendant.  References in this Order to “Defendant Canine Partner” mean “Zahn & Canine 
Partner” as it appears in the docket and are not intended to refer to, and do not include, 
Defendant Dennis Zahn.                                                    
    Finding no clear error in the R&R, and based upon all the files, records, and 
proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:     

    1.   The R&R is ADOPTED IN FULL;                                     
    2.   Defendants DOC, Henry D. Padelford, Adam C. Kodet, Shane M. Jones, 
Staci  Stone,  Bryan  F.  Dettloff,  Livingston,  and  Chrystal Anderson  are  DISMISSED 
WITHOUT PREJUDICE from this action pursuant to 28 U.S.C § 1915A(b); and   
    3.   Defendant Canine Partner is DISMISSED WITH PREJUDICE from this  
action pursuant to 28 U.S.C. § 1915A(b).2                                 

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: January 22, 2025         s/Laura M. Provinzino                    
                                Laura M. Provinzino                      
                                United States District Judge             











2 To avoid any doubt, Defendant Dennis Zahn is the sole remaining defendant in this action. 

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                


BRANDON BIERBRAUER,                Case No. 24-cv-3812 (LMP/DJF)         

                    Plaintiff,                                           

v.                               ORDER ADOPTING REPORT AND               
                                      RECOMMENDATION                     
DOC; ZAHN & CANINE PARTNER,                                              
CCO1; HENRY D. PADELFORD;                                                
ADAM C. KODET; SHANE M.                                                  
JONES; DENNIS ZAHN; STACI                                                
STONE; BRYAN F. DETTLOFF;                                                
LIVINGSTON; and CHRYSTAL                                                 
ANDERSON,                                                                

                    Defendants.                                          


    This matter is before the Court on the Report and Recommendation (“R&R”) of 
United States Magistrate Judge Dulce J. Foster, entered December 19, 2024.  The R&R 
concludes that, pursuant to 28 U.S.C. § 1915A(b), Defendant Canine Partner should be 
dismissed from this action with prejudice, and all other Defendants except Dennis Zahn 
should be dismissed from this action without prejudice.  ECF No. 12 at 4.  Neither party 
objects to the R&R, see Fed. R. Civ. P. 72(b), so the Court reviews it for clear error, Grinder 
v. Gammon, 

 (8th Cir. 1996) (per curiam).                 

1 The docket lists Zahn & Canine Partner, CCO, as a single party.  The Court understands 
“Zahn” to refer to Defendant Dennis Zahn, who is separately identified as an individual 
defendant.  References in this Order to “Defendant Canine Partner” mean “Zahn & Canine 
Partner” as it appears in the docket and are not intended to refer to, and do not include, 
Defendant Dennis Zahn.                                                    
    Finding no clear error in the R&R, and based upon all the files, records, and 
proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT:     

    1.   The R&R is ADOPTED IN FULL;                                     
    2.   Defendants DOC, Henry D. Padelford, Adam C. Kodet, Shane M. Jones, 
Staci  Stone,  Bryan  F.  Dettloff,  Livingston,  and  Chrystal Anderson  are  DISMISSED 
WITHOUT PREJUDICE from this action pursuant to 28 U.S.C § 1915A(b); and   
    3.   Defendant Canine Partner is DISMISSED WITH PREJUDICE from this  
action pursuant to 28 U.S.C. § 1915A(b).2                                 

    LET JUDGMENT BE ENTERED ACCORDINGLY.                                 

Dated: January 22, 2025         s/Laura M. Provinzino                    
                                Laura M. Provinzino                      
                                United States District Judge             











2 To avoid any doubt, Defendant Dennis Zahn is the sole remaining defendant in this action.