Summary
noting that an officer's requests for a detained person to remove his hands from his pockets are acceptable methods of ensuring officer safety during an encounter
Summary of this case from Garza v. StateOpinion
Civil No. 3:07-0073.
January 15, 2008
ORDER
On December 10, 2007, the Magistrate Judge issued a Report and Recommendation recommending, among other things, that summary judgment be granted to the defendant. (Docket No. 57) No timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion for Summary Judgment filed by the defendant in both her individual and official capacities (Docket No. 41) is GRANTED as to all claims brought under 42 U.S.C. § 1983, and these claims are DISMISSED WITH PREJUDICE. It is further ORDERED that the Motion to Dismiss filed by the defendant in her official capacity (Docket No. 25) is DENIED AS MOOT. All claims based upon state law asserted pursuant to this court's supplemental jurisdiction under 28 U.S.C. § 1367 are DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.