ORDER
VINING, District Judge.
In this action the plaintiff alleges that his civil rights were violated when he was arrested without probable cause, physically abused, and subsequently prosecuted. He has asserted claims under 42 U.S.C. § 1983 for false arrest/malicious prosecution (Count One) and deprivation of property without due process (Count Three); he also asserts a state law claim for false arrest/malicious prosecution (Count Five).
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