Larson v. Wills

Filing 12

ORDER The court is of the opinion that the magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. It is ORDERED that the following excessive force claims are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or(2): The p laintiff's claim that Officer Stacy used excessive force when he initially arrested and subdued him; The plaintiff's claim that Officer Stacy failed to intervene when Officer Wills tased the plaintiff; and The plaintiff's claim that de fendant Wills used excessive force when he handcuffed him too tightly. It is FURTHER ORDERED that the plaintiff's request for criminal charges be filed against the defendants is DISMISSED. Finally, all remaining claims are REFERRED BACK to the magistrate judge for further proceedings. Signed by Judge William M Acker, Jr on 9/10/15. (SAC )

FILED
2015 Sep-10 PM 03:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LAWRENCE OLIVER LARSON, JR.,

)
)
)
)
) Case No. 2:14-cv-01085-WMA-JHE
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Plaintiff,
vs.
WILLIAM STACY, et al.,
Defendants.

ORDER
The magistrate judge entered a report and recommendation on
August 18, 2015, recommending that the following excessive force
claims be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2):
•

The plaintiff’s claim that Officer Stacy used excessive
force when he initially arrested and subdued him;

•

The plaintiff’s claim that Officer Stacy failed to
intervene when Officer Wills tased the plaintiff; and

•

The plaintiff’s claim that defendant Wills used excessive
force when he handcuffed him too tightly.

(Doc. 11).

The magistrate judge further recommended that, to the

extent the plaintiff requests criminal charges be filed against the
defendants, his claim be dismissed. (Id.). Finally, the magistrate
judge recommended that all remaining claims be referred back to him
for further proceedings. (Id.). The time to file objections has
passed, and no objections have been filed.
Having carefully reviewed and considered de novo all the
materials

in

the

court

file,

1

including

the

report

and

recommendation, the court is of the opinion that the magistrate
judge’s

report

is

due

to

be

and

is

hereby

ADOPTED

and

the

magistrate judge’s recommendation is ACCEPTED. It is therefore
ORDERED, ADJUDGED, and DECREED that the following excessive force
claims are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or
(2):
•

The plaintiff’s claim that Officer Stacy used excessive
force when he initially arrested and subdued him;

•

The plaintiff’s claim that Officer Stacy failed to
intervene when Officer Wills tased the plaintiff; and

•

The plaintiff’s claim that defendant Wills used excessive
force when he handcuffed him too tightly.

It

is

FURTHER

ORDERED,

ADJUDGED,

and

DECREED

that

the

plaintiff’s request for criminal charges be filed against the
defendants is DISMISSED. Finally, all remaining claims are REFERRED
BACK to the magistrate judge for further proceedings.
DONE this 10th day of September, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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