Moyer v. Jackson ( 2023 )

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gregory Ashley Moyer, Civ. No. 23-138 (JWB/LIB) Plaintiff, v. ORDER ACCEPTING Shon Jackson, KAES Security Compliance REPORT AND RECOMMENDATION Safety and Security Manager, and Koch OF MAGISTRATE JUDGE Industries, Inc, Defendants. The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois dated August 2, 2023. (Doc. No. 71.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, the Court finds no clear error. Based on the R&R of the Magistrate Judge, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The August 2, 2023 Report and Recommendation (Doc. No. 71) is ACCEPTED; 2. Defendants’ Motion to Dismiss (Doc. No. 6) is GRANTED because the Court lacks personal jurisdiction over Defendants and the matter is DISMISSED WITHOUT PREJUDICE; 3. Plaintiff’s Motion to Preserve Evidence (Doc. No. 17) is DENIED AS MOOT; and 4. Plaintiff’s Motion to Strike (Doc. No. 23) is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: August 22, 2023 _s/ Jerry W. Blackwell _____ JERRY W. BLACKWELL United States District Judge