Summary
adopting Report and Recommendation denying pro se plaintiff's motion for summary judgment for failure to comply with Local Rule 56.01(b)
Summary of this case from Bryant v. WoodallOpinion
Civil No. 3:10-0071.
February 3, 2011
ORDER
On December 30, 2010, the Magistrate Judge issued a Report and Recommendation (Docket No. 64), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the following are hereby ORDERED:
1. The plaintiff's Motion For Summary Judgment (Docket No. 43) is DENIED.
2. The plaintiff's Motion For Leave to File An Amended Complaint (Docket No. 40) is DENIED.
3. The defendants' Motion To Dismiss (Docket No. 25) is GRANTED IN PART and DENIED IN PART. The motion is DENIED with regard to the plaintiff's false arrest and false imprisonment claims under 42 U.S.C. § 1983, and those claims shall move forward. The motion is GRANTED as to the plaintiff's claims for illegal search, excessive bail and deprivation of property, which claims are DISMISSED WITH PREJUDICE. As to the claims dismissed with prejudice, any appeal would not be certified as taken in good faith under 28 U.S.C. § 1915(a)(3).
This case is REFERRED back to the Magistrate Judge for further handling.
It is so ORDERED.
Enter this 2nd day of February 2011.