Weems v. Chavonne, et al
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|Date Filed||#||Document Text|
|March 4, 2014
JUDGMENT - Signed by Julie A. Richards, Clerk of Court on 03/04/2014. (Baker, C.)
|December 12, 2013
ORDER ADOPTING 11 MEMORANDUM AND RECOMMENDATION - Plaintiffs claim against defendant Comb in his individual capacity premised upon alleged use of excessive force shall be allowed to proceed. Further, plaintiff's claim for wrongful arrest again st defendant Comb in his individual capacity is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. Plaintiff's remaining claims against defendant Comb in his official cap acity and against defendants Chavonne and Medlock in their individual and official capacities are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. With respect to continued management of this case, the court notes that plaintiff has not filed any summons for issuance by the clerk, as provided under Federal Rule of Civil Procedure 4(b). Accordingly, plaintiff is DIRECTED to present a summons to the clerk with respect to remaining defendant Comb within 21 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 12/12/2013. (Baker, C.)
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