CULLER v. DESCOTEAUX

Filing 10

ORDER ADOPTING 5 Report and Recommendations. The Plaintiff may continue with his Eighth Amendment claim of excessive force against the Defendant; however, all of the Plaintiff's remaining claims are DISMISSED. Ordered by Judge Marc Thomas Treadwell on 2/19/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GABE LOCKETT CULLER,
Plaintiff,
v.
OFFICER DESCOTEAUX,
Defendant.

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CIVIL ACTION NO. 5:13-CV-8 (MTT)

ORDER
Before the Court is Magistrate Judge Stephen Hyles’s Recommendation on the
Plaintiff’s Complaint. (Doc. 5). The Magistrate Judge recommends dismissing the
Plaintiff’s request for release from confinement. (Doc. 5 at 4). The Magistrate Judge
also recommends dismissing without prejudice the Plaintiff’s claim that he was not
advised of his Miranda rights. (Doc. 5 at 6). The Plaintiff has not objected to the
Recommendation.
The Court has reviewed the Plaintiff’s Complaint and the Recommendation. The
Court accepts and adopts the findings, conclusions and recommendations of the
Magistrate Judge. The Recommendation is adopted and made the order of this Court.
The Plaintiff may continue with his Eighth Amendment claim of excessive force against
the Defendant; however, all of the Plaintiff’s remaining claims are DISMISSED.
SO ORDERED, this 19th day of February, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT