Larson v. Wills
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|Date Filed||#||Document Text|
|December 2, 2015
MEMORANDUM OPINION AND ORDER Before the court is defendants' objection (Doc. 27) to the report and recommendation (Doc. 11) entered by the magistrate judge recommending that some but not all of plaintiff's claims be dismissed pursuant to 2 8 U.S.C. § 1915A. The court has reviewed both the portions of the report and recommendation to which the parties did not object and the portions to which defendants objected and finds no error to be present. Accordingly, the magistrate judge 9;s report is due to be and is ADOPTED and the magistrate judge's recommendation is ACCEPTED. The following excessive force claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1): Plaintiff's claim that defendant Stacy used excessive force when he initially arrested and subdued him; Plaintiff's claim that defendant Stacy failed to intervene when defendant Wills tased plaintiff; and Plaintiff's claim that defendant Wills used excessive force when he handc uffed him too tightly. Plaintiff's request that criminal charges be brought against defendants is DISMISSED for lack of jurisdiction. Finally, all 3 remaining claims are REFERRED again to the magistrate judge for further proceedings. Signed by Judge William M Acker, Jr on 12/2/15. (SAC )
|September 10, 2015
ORDER The court is of the opinion that the magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. It is ORDERED that the following excessive force claims are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or(2): The p laintiff's claim that Officer Stacy used excessive force when he initially arrested and subdued him; The plaintiff's claim that Officer Stacy failed to intervene when Officer Wills tased the plaintiff; and The plaintiff's claim that de fendant Wills used excessive force when he handcuffed him too tightly. It is FURTHER ORDERED that the plaintiff's request for criminal charges be filed against the defendants is DISMISSED. Finally, all remaining claims are REFERRED BACK to the magistrate judge for further proceedings. Signed by Judge William M Acker, Jr on 9/10/15. (SAC )
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