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MAGWOOD v. BEEM, 4:14cv314-MW/CAS. (2015)

Court: District Court, N.D. Florida Number: infdco20150226912 Visitors: 21
Filed: Feb. 25, 2015
Latest Update: Feb. 25, 2015
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION MARK E. WALKER , District Judge . This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No.31, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 33. Accordingly IT IS ORDERED: The report and recommendation is accepted and adopted over Plaintiff's objections as this Court's opinion. The motion to dismiss, ECF No. 24 is GRANTED as to all claims and all Defendan
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ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No.31, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 33. Accordingly

IT IS ORDERED:

The report and recommendation is accepted and adopted over Plaintiff's objections as this Court's opinion. The motion to dismiss, ECF No. 24 is GRANTED as to all claims and all Defendants with the exception of Plaintiff's Eighth Amendment claim against Defendant Beem and Eighth Amendment claim against Defendant Hawkins; that the claims proceed against the Defendants in their individual capacities only; that Plaintiff's request for declaratory and injunctive relief be stricken as moot due to his transfer; and that the request for damages be limited to nominal damages pursuant to 42 U.S.C. § 1997(e). This case is REMANDED to the Magistrate for further proceedings on the two surviving claims.

SO ORDERED.

Source:  Leagle

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