Opinion
2:21-cv-02010-PSG-PD
03-04-2024
LEGEND D. BROOKS, Plaintiff, v. SGT. RUIZ, et al., Defendants.
ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
PHILIP S. GUTIERREZ, CHIEF UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed Defendant Deputy Lass's motion to dismiss Plaintiffs Complaint, the records on file herein, and the Report and Recommendation of United States Magistrate Judge. The time for filing objections has expired and no objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge and adopts them as its own findings and conclusions.
IT IS THEREFORE ORDERED that:
(1) Defendant Deputy Lass's motion to dismiss the official-capacity claim against him is granted; and
(2) Defendant Deputy Lass's motion to dismiss Plaintiff s excessive force claim (Claim One) is denied.