Reilly v. Jove

Filing 32

ORDER adopting Report and Recommendations re 31 Report and Recommendation. Defendant Jove's Motion for Summary Judgment (doc. 28 ) is GRANTED. The Clerk of the Court shall dismiss the Complaint (doc. 1 ) and close the case. Signed by Judge Jennifer G Zipps on 8/9/2016. (KEP)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Chadwick Reilly,
Plaintiff,

10
11

ORDER

v.

12

No. CV-15-00097-TUC-JGZ (DTF)

Lorence Jove,

13

Defendant.

14
15

Pending before the Court is a Report and Recommendation issued by United

16

States Magistrate Judge D. Thomas Ferraro that recommends granting Defendant

17

Lorence Jove’s Motion for Summary Judgment and dismissing the Complaint. (Doc. 31.)

18

As explained by Magistrate Judge Ferraro, the undisputed material facts show that

19

Defendant Jove had sufficient probable cause to pursue and arrest Plaintiff Reilly on

20

August 7, 2013, and that Defendant Jove did not use excessive force against Plaintiff in

21

the pursuit or in the struggle to detain and arrest Plaintiff.

22

No objection to the Report and Recommendation was filed by Plaintiff. The Court

23

has reviewed the record and concludes that Magistrate Judge Ferraro’s recommendations

24

are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema

25

Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14

26

F.Supp.2d 1203, 1204 (D. Or. 1998). Based upon the undisputed facts, summary

27

judgment is appropriately entered on all of Plaintiff’s claims.

28

//

1

Accordingly, IT IS HEREBY ORDERED as follows:

2

1.

The Report and Recommendation (Doc. 31) is accepted and adopted;

3

2.

Defendant Jove’s Motion for Summary Judgment (doc. 28) is GRANTED;

4

3.

The Clerk of the Court shall dismiss the Complaint (doc. 1) and close the case.

5
6

Dated this 9th day of August, 2016.

7
8

Honorable Jennifer G. Zipps
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-