Opinion
5:19-cv-114-MCR-MJF
01-10-2022
ANTWAN JOVAN JACKSON, Plaintiff, v. SERGEANT LANIER, et al., Defendants.
ORDER
M. CASEY RODGERS, UNITED STATES DISTRICT JUDGE
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated November 29, 2021. ECF No. 87. The parties were furnished a copy of the Report and Recommendation and were afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). There have been no timely filed objections.
Having considered the Report and Recommendation and the record, the Court concludes that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation, ECF No. 87, is adopted and incorporated by reference in this Order.
2. Defendant Shively's motion to dismiss, ECF No. 62, is GRANTED IN PART and DENIED IN PART as follows:
a. Defendant Shively's motion to dismiss is GRANTED as to the following claims against her, and these claims are DISMISSED:
i. Plaintiff's due process claim,
ii. Plaintiff's official-capacity claim,
iii. Plaintiff's claim for injunctive relief, and
iv. Plaintiff's references to treaties and state law.
b. Defendant Shively's motion to dismiss is DENIED in all other respects.
3. This matter is returned to the Magistrate Judge for further pretrial proceedings.
DONE AND ORDERED.