Wordley v. San Miguel

ORDER DECLINING TO ADOPT REPORT, GRANTING MOTION TO DISMISS, AND CLOSING CASE

PATRICIA A. SEITZ, District Judge.

THIS CAUSE is before the Court on the Report of Magistrate Judge [DE-19]. In that Report, Magistrate Judge White recommends that Defendant’s Motion to Dismiss Complaint [DE-17] be granted. Plaintiffs civil rights complaint, filed pursuant to 42 U.S.C. § 1983, alleges that Defendant used excessive force during Plaintiffs arrest. Defendant has moved to dismiss based on qualified immunity and Plaintiff has filed a “reply” [DE-18].1 The Report recommends denying the motion because the…