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STEPHENS v. TOLBERT

No. 06-12831 Non-Argument Calendar.

471 F.3d 1173 (2006)

Gerald STEPHENS, Plaintiff-Appellant, v. Thomas TOLBERT, ID # 762, Kenneth E. Duarte, ID # 513, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 5, 2006.

Attorney(s) appearing for the Case

Gerald Stephens, Century, FL, pro se.

Catherine Marie Kozol, City Atty.-Delray Beach Police Dept., Delray Beach, FL, for Defendants-Appellees.

Before DUBINA, CARNES and PRYOR, Circuit Judges.

PER CURIAM:

The main issue presented by this appeal is one of first impression for this Circuit: whether the district court abused its discretion by accepting an argument raised for the first time in objections to the report and recommendation of a magistrate judge. Gerald Stephens, a Florida prisoner, appeals pro se the summary judgment against his complaint of false arrest by Delray Beach police officers Thomas Tolbert and Kenneth E. Duarte. The district...

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