January 7, 2014
LAWRENCE LEE ELMORE, Plaintiff,
JACKSON COUNTY, et al., Defendants.
OWEN M. PANNER, District Judge.
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v. Goto & Co., Ltd. , 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that plaintiff's claim for malicious prosecution must be dismissed based on qualified immunity and failure to state a claim. Accordingly, I ADOPT the Report and Recommendation.
Magistrate Judge Clarke's Report and Recommendation (#57) is adopted. Defendants' amended motion to dismiss (#37) is granted with prejudice.
IT IS SO ORDERED.