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17-884 - Anderson v. Boxberger et al

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17-884 - Anderson v. Boxberger et al
June 13, 2018
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ORDER Affirming and Adopting the 85 Recommendation of United States Magistrate Judge Scott T. Varholak. Plaintiff Chayce Aaron Anderson's Objection to the Recommendation is OVERRULED. (Doc. # 86.) Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint is GRANTED IN PART and DENIED IN PART. (Doc. # 63.) Plaintiff's Fourth Amendment Claim against Defendant Shutters (Claim One) is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff's intentional infliction of emotional distress claim (Claim Five) is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(1). Plaintiff's excessive force claim (Claim Two) shall proceed as the only remaining claim in this case. By Judge Christine M. Arguello on 06/13/2018. (athom, )