Summary
finding IIED claim subject to one-year statute of limitations when plaintiff alleged injury from overtight handcuffs, being choked and thrown onto a table, denial of her medical inhaler, and being barred from using the bathroom while detained by police, all of which underlaid her assault and battery claim
Summary of this case from Saalim v. Walmart, Inc.Opinion
Case No. 3:11 CV 897.
September 9, 2011
ORDER
The Court has reviewed the Report and Recommendation ("R R") of the Magistrate Judge (Doc. No. 15). Under the relevant statute ( 28 U.S.C. § 636(C)):
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.
The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the R R. United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005).
The Court has reviewed the R R, finds it to be correct, and adopts it in its entirety. Defendants' Motion to Dismiss (Doc. No. 13) is granted and Plaintiffs' claims alleging assault and battery and intentional infliction of emotional distress are dismissed.
IT IS SO ORDERED.