Opinion
21-14319-CIV-CANN/Maynard
04-28-2022
H.M ., individually and as Guardian for H.S. an Unemancipated Minor, Plaintiff, v. DEPUTY SHERIFF NICHOLAS VINCENT CASTORO in his individual capacity, and SHERIFF WILLIAM D. SNYDER in his official capacities, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Defendant Sheriff [William D. Snyder]'s Motion to Dismiss [ECF No. 7], filed on September 7, 2021. On September 9, 2021, the Court referred this case to Magistrate Judge Shaniek M. Maynard for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters [ECF No. 9]. On April 14, 2022, Judge Maynard issued a Report (“R&R”) recommending that the Motion to Dismiss be granted [ECF No. 17]. Both Plaintiff and Defendant filed Notices of Non-Objection to the R&R [ECF Nos. 18 and 19].
Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion to Dismiss [ECF No. 7] should be GRANTED for the reasons set forth therein.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The R&R [ECF No. 17] is ADOPTED.
2. Defendant Sheriff [William D. Snyder]'s Motion to Dismiss [ECF No. 7], is GRANTED.
3. On or before May 27, 2022, Plaintiff shall file an amended complaint to replead a viable claim for vicarious liability against Defendant Sheriff William D. Snyder.
DONE AND ORDERED.