Michael Logering v. Morrison Co. Sheriff's Office, No. 23-2376 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Colloton, Benton, and Kelly, Circuit Judges] Civil case. Dismissal affirmed without comment. [ December 15, 2023 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2376 ___________________________ Michael David Logering; Wendy Ann Acker, lllllllllllllllllllllPlaintiffs - Appellants, v. Morrison County Sheriff's Office; Shawn Larsen, Sheriff; in capacity of Morrison County Sheriff's Department; Jason McDonald, Deputy; in capacity of Morrison County Sheriff's Department; Joel Gross, Sargeant; in capacity of Morrison County Sheriff's Department; Hasten Warnberg; Rick Matteson, Deputy; in capacity of Morrison County Sheriff's Department; Jason Worlie, Chief Deputy; in capacity of Morrison County Sheriff's Department; Dave Kicker, in the capacity of Morrison County Sheriff's Department; Mary Swenson, in the capacity of Morrison County Sheriff's Department; Tony Athman, in the capacity of Morrison County Sheriff's Department; Bill Vanden Avond, in the capacity of Morrison County Sheriff's Department; Brady Pundsack, in the capacity of Morrison County Sheriff's Department, lllllllllllllllllllllDefendants - Appellees, Eric Hanneken, Chief of Police; in capacity of Morrison County Sheriff's Department; Calvin Tschida, Officer; in capacity of Pierz Police Department under direction from Morrison County Sheriff's Department primary officer on scene; Brad Bordwell; Daniel Owens, Trooper; in capacity of Minnesota State Patrol, under direction from Morrison County Sheriff's Department primary officer on scene; Jason T. Brown, Trooper SP477; in capacity of Minnesota State Patrol, under direction from Morrison County Sheriff's Department primary officer on scene; David Kalis, Deputy; in capacity of Morrison County Sheriff's Department; All Other Law Enforcement, on scene 8/24/2020 identified on squad cam in the city of Pierz, Morrison County surrounding the Logering residence 310 South Main Street Pierz, MN 56364, lllllllllllllllllllllDefendants. ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: December 13, 2023 Filed: December 18, 2023 [Unpublished] ____________ Before COLLOTON, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Michael David Logering and Wendy Ann Acker appeal after the district court1 dismissed their civil action for failure to state a claim and as frivolous, and declined to exercise supplemental jurisdiction over any remaining state-law claims. Having reviewed the record and the parties’ arguments on appeal, we conclude that there is no reversible error. See 28 U.S.C. §§ 1915(e)(2)(B), 1367(c)(3); Moore v. Sims, 200 F.3d 1170 (8th Cir. 2000) (per curiam) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. We deny the pending motion for injunctive relief as moot. ______________________________ 1 The Honorable Jerry W. Blackwell, United States District Judge for the District of Minnesota. -2-

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