Attorney(s) appearing for the Case
Alterik Rogers, Plaintiff, Pro Se.
Sgt. Manard Reed, Defendant, represented by John Stephen Teetor , Isaac Wiles Burkholder & Teetor, LLC & Matthew Stephen Teetor , Isaac Wiles Burkholder & Teetor, LLC.
Reese Thompson, Defendant, represented by John Stephen Teetor , Isaac Wiles Burkholder & Teetor, LLC & Matthew Stephen Teetor , Isaac Wiles Burkholder & Teetor, LLC.
MICHAEL H. WATSON, Magistrate Judge.
On June 21, 2017, Magistrate Judge Kemp, to whom this case was referred. Issued a Report and Recommendation ("R&R") recommending the Court grant In part and deny In part Defendants' motion for summary judgment. R&R, EOF No. 50.
The R&R advised the parties of their right to file objections to the same and specifically advised that the failure to timely object would result In a waiver of the right to de novo review by the Undersigned as well as a waiver of the right to appeal the decision of the District Court. Id. at 18. The time for filing objections has passed, and none were filed.
Having received no objections, the Court ADOPTS the R&R and grants In part and denies In part summary judgment to Defendants. The Court denies summary judgment to Sgt. Reed and Officer Thompson on Plaintiffs excessive force claims against them In their Individual capacities and denies summary judgment to Sgt. Reed on Plaintiffs malicious prosecution claim against him In his individual capacity. The malicious prosecution claim is STAYED pending resolution of State v. Rogers, Jefferson County Case No. 14CR012. All other claims are dismissed. The Clerk shall terminate ECF Nos. 42 and 47.
IT IS SO ORDERED.