Shaw v. Shell

Ralph R. Erickson, Chief Judge United States District Court

Pursuant to 28 U.S.C. § 636, the court has received an Amended Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge. The Amended Report and Recommendation recommends: (1) the claim against Grand Forks County Correctional Center be dismissed with prejudice; (2) the claim against Shannon Shell in his official capacity be dismissed without prejudice; (3) the claim against Shannon Shell in his personal capacity be allowed to proceed; and (4) the court defer ruling on Shaw's request to receive video foot of the alleged incident. No objections have been filed within the prescribed time period.

After reviewing the record and the magistrate judge's Amended Report and Recommendation, the court finds the magistrate judge's analysis and recommendations for disposition are appropriate. Accordingly, the court hereby adopts the Amended Report and Recommendation in its entirety. IT IS HEREBY ORDERED:

(1) The claim against Grand Forks County Correctional Center is dismissed with prejudice;
(2) The claim against Shannon Shell in his official capacity is dismissed without prejudice; and
(3) The excessive force claim against Shannon Shell in his personal capacity is allowed to proceed. Because the court is only conducting an initial review, it defers ruling on Shaw's request to receive video footage of the alleged incident.

Dated this 2nd day of March, 2016.

/s/ Ralph R . Erickson

Ralph R. Erickson, Chief Judge

United States District Court