Summary
applying DiBella and finding that "Plaintiff Samuels was not arrested, and he was not in pre-trial custody. Nor were there any onerous pre-trial, non-custodial restrictions imposed on him. Plaintiff . . . thus failed to establish a Fourth Amendment seizure with respect to his § 1983 claim"
Summary of this case from Collins v. JonesOpinion
No. 3:12-CV-2320
04-24-2013
KAMAR SAMUELS, Plaintiff, v. MONROE COUNTY, et al., Defendants
(JUDGE CAPUTO)
(MAGISTRATE JUDGE BLEWITT)
ORDER
NOW this 24th day of April 2013, upon review of Magistrate Judge Blewitt's Report and Recommendation (Doc. 19) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 19) is ADOPTED.
(2) PMRP Defendants' Motion to Dismiss (Doc. 6) is GRANTED, and Plaintiffs Complaint (Doc. 1) is DISMISSED.
(3) The Clerk of Court is ordered to mark this matter as CLOSED.
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A. Richard Caputo
United States District Judge