RULING AND ORDER

BRIAN A. JACKSON, District Judge.

Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 34) pursuant to 28 U.S.C. § 636(b)(1). The Report and Recommendation addresses the Motion to Dismiss (Doc. 11) by Defendants Zuccaro Blackmore and Nyesha Kelly and the Motion to Dismiss (Doc. 23) by Defendant William Butler.

Defendants assert that Plaintiffs claims are barred under the Eleventh Amendment, that Plaintiff has failed to state claims for excessive force and for violations of procedural due process, and that they are entitled to qualified immunity. (Doc. 11 at pp. 1-2; Doc. 23 at p. 1)

The Report and Recommendation notified the parties that, pursuant to 28 U.S.C. § 636(b)(1), they had fourteen days from the date they received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 34 at p. 1) Neither party objected.

Having carefully considered the underlying Complaint, the instant motions, and related filings, the Court approves the Magistrate Judge's Report and Recommendation, and hereby adopts the findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 34) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. 11) is GRANTED IN PART, in that all of Plaintiffs claims against Kelly and Plaintiffs claims for damages against Blackmore in his official capacity are DISMISSED, WITH PREJUDICE. In all other respects, the Motion to Dismiss (Doc. 11) is DENIED.

IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. 23) is GRANTED IN PART, in that Plaintiffs claims for damages against Butler in his official capacity are DISMISSED, WITH PREJUDICE. In all other respects, the Motion to Dismiss (Doc. 23) is DENIED.