Dunston v. Churchwell, 5:18cv90-TKW-MJF. (2019)
Court: District Court, N.D. Florida
Number: infdco20190806a52
Visitors: 9
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: ORDER T. KENT WETHERELL, II , District Judge . This case is before the Court based upon the magistrate judge's Report and Recommendation (Doc. 36) and the objections filed by Plaintiff (Doc. 38). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge that the complaint fails to plausibly allege a deliberate indifference claim under the Eighth Amendment because the allegations in the complaint do not show that Defendants disregarded Plaintiff's
Summary: ORDER T. KENT WETHERELL, II , District Judge . This case is before the Court based upon the magistrate judge's Report and Recommendation (Doc. 36) and the objections filed by Plaintiff (Doc. 38). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge that the complaint fails to plausibly allege a deliberate indifference claim under the Eighth Amendment because the allegations in the complaint do not show that Defendants disregarded Plaintiff's s..
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ORDER
T. KENT WETHERELL, II, District Judge.
This case is before the Court based upon the magistrate judge's Report and Recommendation (Doc. 36) and the objections filed by Plaintiff (Doc. 38). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge that the complaint fails to plausibly allege a deliberate indifference claim under the Eighth Amendment because the allegations in the complaint do not show that Defendants disregarded Plaintiff's safety or otherwise acted unreasonably in response to his emergency grievance. Accordingy, it is
ORDERED that:
1. The magistrate judge's Report and Recommendation is ADOPTED and incorporated by reference in this Order.
2. Defendants' motions to dismiss (Docs. 17, 28) are GRANTED, and Plaintiff's complaint (Doc. 1) is DISMISSED.
3. The Clerk shall CLOSE the case file.
DONE and ORDERED.
Source: Leagle
