[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-12553 September 8, 2006 Non-Argument Calendar 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.