Opinion
4:22-CV-01917
05-11-2023
GRACE M. DERR and SHELBY A. DERR on their own behalf and on behalf of minors J.M.H., JR. and G.M.H., Plaintiffs, v. JOSEPH HOUSER, SR.; JEN WILKINS, in both her individual and official capacities; AMANDA KURTZ, in both her individual and official capacities; and KIERA RUIZ-RUIZ, in both her individual and official capacities, Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendant Wilson and Ruiz-Ruiz's objection to Magistrate Judge William I. Arbuckle's Report and Recommendation (Doc. 16) is SUSTAINED.
2. The Court accordingly REJECTS Magistrate Judge Arbuckle's Report and Recommendation as to Plaintiffs' Fourth Amendment Claim and ADOPTS the remainder of his Report and Recommendation.
3. Plaintiffs' First Amended Complaint is DISMISSED WITHOUT PREJUDICE.
4. Plaintiffs' motions for a temporary restraining order and for a preliminary injunction (Docs. 4, 10) are DENIED.
5. If Plaintiffs wish to plead over on any of their claims, they must file an amended pleading on or before May 25, 2023.
6. This matter is remanded to Magistrate Judge Arbuckle for further proceedings.