Summary
In Parker, the district court dismissed Fourth Amendment claims brought by the parents of children who were removed from their home based upon suspected abuse, because only the children, not the parents, were seized).
Summary of this case from Frederick v. W. Va. Dep't of Health & Human Servs.Opinion
CIVIL ACTION NO. 6:05-cv-00940.
March 6, 2007
ORDER
Pending before the court are plaintiff's Motion for Summary Judgment [Docket 21], defendant's Motion to Dismiss [Docket 22], and plaintiff's Motion for Full Adjudication [Docket 24]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1) (2006). On February 14, 2007, the Magistrate Judge submitted findings of fact and recommended that this court GRANT the defendant's motion to dismiss plaintiff's claims based on Equal Protection and the Ex Post Facto clause of the United States Constitution and DENY both of plaintiff's motions. On February 20, 2007, the plaintiff filed an objection pursuant to 28 U.S.C. § 636(b)(1) to the Magistrate Judge's findings. After reviewing the Magistrate Judge's findings and plaintiff's objection de novo, I find plaintiff's objection is without merit.
Accordingly, the court accepts and incorporates herein the findings and recommendations of the Magistrate Judge. The court GRANTS defendant's Motion to Dismiss the plaintiff's claims and DENIES plaintiff's Motion for Summary Judgment and DENIES plaintiff's Motion for Full Adjudication.
The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented parties.