Opinion
Case No. 3:06cv365/RV/EMT.
February 20, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated January 3, 2008. The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Defendant's motion for summary judgment (Doc. 29) is GRANTED as to Plaintiff's Fifth, Eighth, and Fourteenth Amendment claims against Sheriff Johnson in his official and individual capacities.
3. Plaintiff's state law claims, to the extent he asserts any, are DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert them in state court.
4. Judgment shall be entered accordingly.
5. This action is DISMISSED and the clerk is directed to close the file.
DONE AND ORDERED.