AVERY v. FERGUSON

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.