Opinion
No. 1:12-cv-1332-CL
01-07-2014
LAWRENCE LEE ELMORE, Plaintiff, v. JACKSON COUNTY, et al. Defendants.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that plaintiff's claim for malicious prosecution must be dismissed based on qualified immunity and failure to state a claim. Accordingly, I ADOPT the Report and Recommendation.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#57) is adopted. Defendants' amended motion to dismiss (#37) is granted with prejudice.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE