BLACK v. BRUNSON, 4:14cv88-MW/CAS. (2014)
Court: District Court, N.D. Florida
Number: infdco20141105863
Visitors: 2
Filed: Nov. 04, 2014
Latest Update: Nov. 04, 2014
Summary: ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOR EVIDENTIARY HEARING MARK E. WALKER, District Judge. This Court has considered, without hearing, the Magistrate's Report and Recommendation. ECF No. 26. Upon consideration, no objections having been filed, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court's opinion. The motion to dismiss of Defendants Fortner, Clark and Wimberley, ECF No. 17, is DENIED in part. Plaintiff Black's c
Summary: ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOR EVIDENTIARY HEARING MARK E. WALKER, District Judge. This Court has considered, without hearing, the Magistrate's Report and Recommendation. ECF No. 26. Upon consideration, no objections having been filed, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court's opinion. The motion to dismiss of Defendants Fortner, Clark and Wimberley, ECF No. 17, is DENIED in part. Plaintiff Black's cl..
More
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOR EVIDENTIARY HEARING
MARK E. WALKER, District Judge.
This Court has considered, without hearing, the Magistrate's Report and Recommendation. ECF No. 26. Upon consideration, no objections having been filed,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The motion to dismiss of Defendants Fortner, Clark and Wimberley, ECF No. 17, is DENIED in part. Plaintiff Black's claims should not be dismissed pursuant to 42 U.S.C. § 1997e(e), nor should the complaint be dismissed because it was jointly filed. This cause is remanded for an evidentiary hearing on the issue of exhaustion of administrative remedies, the hearing to be held within 30 days of the date of this order.
SO ORDERED.
Source: Leagle
