Summary
holding that prolonged detention based on arrest upon unsigned arrest warrant did not state claim because such warrants were not necessarily deficient in constitutional sense where plaintiff never alleged arresting officer lacked probable cause or that there was never a judicial determination of probable cause
Summary of this case from Diaz v. New Mexico State Police S Jason WrightOpinion
CASE NO. CV409-029.
May 8, 2009
ORDER
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 7), to which no objections have been filed. After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge's Report and Recommendation. Therefore, the Court ADOPTS as its opinion the Report and Recommendation of the Magistrate Judge. Accordingly, Plaintiff's Complaint is DISMISSED WITH PREJUDICE and the Clerk of Court is DIRECTED to close this case.
SO ORDERED.