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THOMPSON v. BELHOMME, 3:12cv11/LAC/EMT. (2012)

Court: District Court, N.D. Florida Number: infdco20120517860 Visitors: 4
Filed: May 16, 2012
Latest Update: May 16, 2012
Summary: ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 30, 2012 (doc. 50). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed. Having considered the Report and Recommendation, and the timely filed ob
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ORDER

LACEY A. COLLIER, Senior District Judge.

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 30, 2012 (doc. 50). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.

Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. Defendants Haas, Nichols, and Rummel's motion to dismiss (doc. 38) is GRANTED, and Plaintiff's federal claims against these Defendants are DISMISSED with prejudice for failure to state a claim on which relief may be granted.

3. Plaintiff's federal claim against Defendant Officer John Doe is DISMISSED with prejudice for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

4. Plaintiff's state law claims against Defendants Haas, Nichols, Rummel, and Officer John Doe are DISMISSED without prejudice to Plaintiff's right to assert them in state court.

5. Defendants Haas, Nichols, Rummel, and Officer John Doe are DISMISSED from this action.

6. The clerk shall TRANSFER this case to the United States District Court for the Southern District of Florida for disposition of Plaintiff's claims against the sole remaining Defendant, Officer Belhomme.

7. The clerk is directed to close this case.

Source:  Leagle

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