Citation Codes Equivalent Citations citation codes Docket Number Civil No. 08-5091. Motions Motion to dismiss : Granted See more information ... Smart Summary Please sign up to generate summary. ROBERT WILLIAM AVERY PLAINTIFF v. SHERIFF KEITH FERGUSON; CAPTAIN HUNTER PETRAY; CORPORAL DUSTIN CARLTON; EX-SERGEANT CHARLES TOMLIN; and SGT. CULOTTA DEFENDANTS. ORDER JIMM HENDREN, District Judge Now on this 2nd day of December, 2010, comes on for consideration plaintiff's motion to dismiss defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) and the Report And Recommendation Of The Magistrate Judge (document #88), recommending that said motion be granted. There being no objection, the Court finds that the Report And Recommendation Of The Magistrate Judge (document #88) should be, and same hereby is, adopted in toto. The Court further finds that plaintiff's motion to dismiss defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) should be, and same hereby is, granted, and plaintiff's claims against defendants Corporal Dustin Carlton and Sgt. Culotta (document #87) are hereby dismissed. IT IS SO ORDERED.