Summary
adopting magistrate judge's recommendation to construe the plaintiff's Fourth Amendment claim based on the revocation of his driver's license as "synonymous" with the plaintiff's Fourteenth Amendment due process claim based on the same, and to dismiss the Fourth Amendment claim with prejudice
Summary of this case from Wilson v. Ill. Dep't of Fin. & Prof'l RegulationOpinion
Civil No. 08-2917 (RHK/JJK).
June 25, 2009
ORDER
The above matter comes before the Court upon the May 22, 2009, Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes. Objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the undersigned's de novo review of the Report and Recommendation, Defendant's Response thereto, and upon all of the files, records, and proceedings herein, IT IS ORDERED:
1. Defendant's Objections (designated "Response") (Doc. No. 41) are OVERRULED;
2. The Report and Recommendation (Doc. No. 40) is ADOPTED;
3. Commissioner Michael Campion's Motion to Dismiss (Doc. No. 14) is GRANTED;
4. The Motion by Defendant Bruce Andershon to Dismiss Complaint (Doc. No. 25) is GRANTED; and
5. The Motion by Defendant James M. Dudgeon, Jr. to Dismiss Complaint (Doc. No. 27) is GRANTED;
6. The Petition for Order to Show Cause (Request That Defense Motions For Dismissal Be Denied) (Doc. No. 33) is DENIED; and
7. This action is DISMISSED IN ITS ENTIRETY on the following terms:
a. Claims One, Two, Three, Four, Five, and Six are DISMISSED WITHOUT PREJUDICE; and
b. Claims Seven, Eight, and Nine are DISMISSED WITH PREJUDICE.