Opinion
CASE NO. 10-80030-CIV-HURLEY/GOODMAN.
September 7, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court upon the Motion of Defendants, Sgt. Noll, Cpl. Cribbs, Officer Garcia, Capt. Starks, and Lt. Jackson, to Dismiss Plaintiff's Amended Complaint. The Honorable Jonathan Goodman, United States Magistrate Judge, issued a Report and Recommendation on the motion [D.E. #19], filed on August 11, 2010, recommending that the motion be treated as a motion for partial summary judgment as to Turnquist's excessive force claim and granted as to that claim, but that the Defendants be required to answer the remaining allegations not addressed in their motion to dismiss.
No party has objected to the Report and Recommendation, so no party is challenging the factual findings contained in it. The Court has independently reviewed the Report and Recommendation, and the record. Being otherwise duly advised, the Court adopts the findings of fact and conclusions as in the Report. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Report is ADOPTED. Defendants are granted summary judgment as to Plaintiff's excessive force claim and Defendants shall answer the remaining allegations within fourteen days of this Order.
DONE AND ORDERED in chambers, West Palm Beach, Florida, September 3rd, 2010.