IRENE M. KEELEY, District Judge.
On February 13, 2015, the pro se plaintiff, Rachel Robinette ("Robinette"), filed a complaint pursuant to 42 U.S.C. § 1983 alleging two claims of excessive force, police brutality, and deprivation of civil rights, as well as state law claims alleging assault and battery, intentional and negligent infliction of emotional distress, and violations of the Governmental Tort Claims and Insurance Reform Act, W. Va. Code § 29-12A-1,
The Court referred the matter to the Honorable John S. Kaull, United States Magistrate Judge, for report and recommendation ("R&R") (Dkt. No. 16). On April 28, 2015, Magistrate Judge Kaull issued an R&R recommending that the Court grant the defendants' motion to dismiss the following claims: Count II; Count III as to the MPD; Count IV, to the extent it alleges intentional infliction of emotional distress on the part of the MPD; Count V; and, the punitive damages claims in Counts III and IV (Dkt. No. 20 at 11). Magistrate Judge Kaull also recommended that the Court deny the defendants' motion to dismiss the following claims: Count I; Count III as to Judy and Holder; Count IV as to Judy and Holder; and, Count IV to the extent it alleges negligent infliction of emotional distress on the part of the MPD.
The R&R specifically warned the parties that their failure to object to the recommendation would result in the waiver of any appellate rights they might otherwise have on this issue.
• Count II;
• Count III as to the MPD;
• Count IV, to the extent it alleges intentional infliction of emotional distress on the part of the MPD;
C Count V; and,
C Any punitive damages claims in Counts III and IV. The Court
The following claims remain in the case:
• Count I;
• Count III as to Judy and Holder;
• Count IV as to Judy and Holder; and,
• Count IV to the extent it alleges negligent infliction of emotional distress on the part of the MPD.
The Court
It is so
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of both orders to counsel of record and to the