Opinion
Case No. 3:11-cv-00177-ECR-VPC
10-05-2011
JEREMY A. ROBBINS, Plaintiff, v. DOUG BRADY, et al., Defendants.
ORDER
On August 24, 2011, the Magistrate Judge filed a Report and Recommendation (#3) recommending that Plaintiff's application to proceed in forma pauperis be granted. The Magistrate Judge reviewed the complaint and has made recommendations to the Court regarding Plaintiff's claims for Fourth Amendment excessive use of force against Defendants Brady and John Doe #2; supervisory liability claims against Defendants Haley and John Doe #1; and Plaintiff's official capacity claims alleged in his complaint.
IT IS, THEREFORE, HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (#3) is well taken and is APPROVED and ADOPTED .
IT IS FURTHER ORDERED as follows:
1. The Clerk of Court shall file the complaint (#1-1);
2. Plaintiff Jeremy A. Robbins is permitted to maintain this action to conclusion without prepayment of the full filing fee and is GRANTED in forma pauperis status. Plaintiff is directed to follow all of the instructions in the Magistrate's Report and Recommendation;
3. Plaintiff's Fourth Amendment excessive use of force claims against Defendants Brady and John Doe #2 may PROCEED;
4. Plaintiff's supervisory liability claims against Defendants Haley and John Doe #1 are DISMISSED WITHOUT PREJUDICE, WITH LEAVE TO AMEND. If Plaintiff desires to file an amended complaint in this regard, he must do so within 21 days from the date of the entry of this order or the right to amend will be foreclosed;
5. Plaintiff's official capacity claims against all Defendants are DISMISSED WITH PREJUDICE.
EDWARD C. REED, JR.
United States District Judge