Bierbrauer v. DOC

Background

The matter concerned a report and recommendation by United States Magistrate Judge Dulce J. Foster, entered December 19, 2024. The recommendation applied the federal prisoner-complaint screening statute, 28 U.S.C. § 1915A(b). It recommended dismissing Defendant Canine Partner with prejudice and dismissing all defendants other than Dennis Zahn without prejudice.

The opinion states that neither party objected to the report and recommendation. Because there were no objections, the court reviewed the recommendation for clear error.

Ruling

The court found no clear error and adopted the report and recommendation in full. It dismissed the following defendants without prejudice from the action under 28 U.S.C. § 1915A(b): DOC, Henry D. Padelford, Adam C. Kodet, Shane M. Jones, Staci Stone, Bryan F. Dettloff, Livingston, and Chrystal Anderson.

The court dismissed Defendant Canine Partner with prejudice under the same statute. The order states that Dennis Zahn was the sole remaining defendant. The court directed that judgment be entered accordingly.

Party-name clarification

The docket lists “Zahn & Canine Partner, CCO” as one party. The court understood “Zahn” in that listing to refer to Defendant Dennis Zahn, who was also separately identified as an individual defendant. The order’s references to “Defendant Canine Partner” refer to “Zahn & Canine Partner” as listed in the docket and do not include Dennis Zahn.

Judge

Judge Laura M. Provinzino entered the order on January 22, 2025.