Earlvin Todd Neal v. Pinellas County Sheriff's, No. 06-12553 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-12553 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT September 8, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-00247-CV-T-17-MAP EARLVIN TODD NEAL (Estate) by and through its personal representative ANGELA MICA NEAL, Plaintiff-Appellant, versus PINELLAS COUNTY SHERIFF'S OFFICE, EVERETT S. RICE, individually, MICHAEL C. BORLAND, individually, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (September 8, 2006) Before BLACK, BARKETT and HULL, Circuit Judges. PER CURIAM: The estate of Earlvin Todd Neal appeals the district court s grant of summary judgment in favor of the defendants Pinellas County Sheriff s Office, Sheriff Everett Rice and Sheriff s Deputy Michael C. Borland on its 42 U.S.C. § 1983 claims arising out of the shooting death of Neal by Deputy Borland. After a careful review, we affirm the entry of summary judgment for the reasons outlined in the magistrate judge s Report and Recommendation adopted by the district court and the district court s order granting summary judgment. AFFIRMED. 2

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