Opinion
No. 5:12-CV-74 (CAR)
05-07-2012
NELSON DELGIUDICE, JR., Plaintiff, v. Officer JARVIS PRIMUS, et al., Defendants.
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of the United States Magistrate Judge [Doc. 12] that Plaintiff's procedural due process claim against Defendant Patricia Evans be allowed to go forward but that Plaintiff's remaining claims against Defendants Jarvis Primus and Larry Milner should be dismissed pursuant to 28 U.S.C. § 1915A for failure to state a claim. Plaintiff has not filed an Objection to the Recommendation. This Court agrees with the Recommendation of the Magistrate Judge. Thus, the Recommendation [Doc. 12] is hereby ADOPTED AND MADE THE ORDER OF THE COURT, and Defendants JARVIS PRIMUS and LARRY MILNER are hereby dismissed from this action. Plaintiff's procedural due process claim against Defendant Patricia Evans will go forward.
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C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH