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Elmore v. Jackson County

United States District Court, Ninth Circuit

January 7, 2014

LAWRENCE LEE ELMORE, Plaintiff,
v.
JACKSON COUNTY, et al., Defendants.

ORDER

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. ยง 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.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#57) is adopted. Defendants' amended motion to dismiss (#37) is granted with prejudice.

IT IS SO ORDERED.


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