Summary
In Reese, another "excessive force police dog bite case," the court noted that it had "already set forth the facts which, based on the summary judgment record, are not in dispute.
Summary of this case from Trammell v. ThomasonOpinion
Case No. 3:04cv17/RV/EMT.
March 13, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated February 9, 2006. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's claims under the Eighth Amendment are DISMISSED.
3. Defendants' motion for summary judgment (Doc. 32) is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendants' motion for summary judgment is granted as to Plaintiff's Fourth Amendment claim of unlawful entry.
b. Defendants' motion for summary judgment is denied as to Plaintiff's Fourth Amendment claims of excessive force against Defendants.
4. The clerk is directed to return this file to the assigned Magistrate Judge for further proceedings.
DONE AND ORDERED.