Filed: Jul. 11, 2013
Latest Update: Jul. 11, 2013
Summary: ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 11th day of July, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 37), recommending that defendants' motion to dismiss the second amended complaint (Doc. 31) be granted in part and denied in part, and, following an independent review of the record, and noting that Plaintiff filed objections 1 to the report (Doc. 39) on June 28, 2013, and the court finding Magistrate
Summary: ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 11th day of July, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 37), recommending that defendants' motion to dismiss the second amended complaint (Doc. 31) be granted in part and denied in part, and, following an independent review of the record, and noting that Plaintiff filed objections 1 to the report (Doc. 39) on June 28, 2013, and the court finding Magistrate J..
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ORDER
CHRISTOPHER C. CONNER, District Judge.
AND NOW, this 11th day of July, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 37), recommending that defendants' motion to dismiss the second amended complaint (Doc. 31) be granted in part and denied in part, and, following an independent review of the record, and noting that Plaintiff filed objections1 to the report (Doc. 39) on June 28, 2013, and the court finding Magistrate Judge Carlson's analysis to be thorough and well-reasoned, and the court finding the objections to be without merit and squarely addressed by Magistrate Judge Carlson's report (Doc. 37), it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Carlson (Doc. 37) are ADOPTED.
2. Defendants' motion to dismiss the second amended complaint (Doc. 31) is GRANTED in part and DENIED in part as follows:
(a) The motion to dismiss is GRANTED with respect to all claims set forth in Counts II - V and these claims are DISMISSED.
(b) With respect to plaintiff's Fourth Amendment claims set forth in Count I, the motion is GRANTED as to Sergeant Hiester and DENIED as to Officers Fure and Crone.
