ORDER

LACEY A. COLLIER, Senior District Judge.

This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated February 26, 2016 (ECF No. 76). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.

Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

1. Defendants' Motion for Partial Summary Judgment (ECF No. 74) is GRANTED as follows:

a. Defendant Dustin Stewart is DISMISSED from this lawsuit and that service of process upon him be QUASHED;

b. Plaintiff Merritt's claims for compensatory and punitive damages for mental or emotional injury is DISMISSED;

2. That the clerk of court is directed to modify the docket to reflect that Defendant Officer Stewart is more particularly identified as Yusef L. Stewart; and

3. The court shall set a deadline for Defendants' counsel to either: (1) enter an appearance on behalf of Defendant Yusef L. Stewart and waive service of process, (2) inform the court under seal of the last known address of Defendant Yusef L. Stewart, or (3) advise the court that neither alternative is possible.

DONE AND ORDERED.