ASKEW v. CROSBY, 4:13cv566-WS. (2015)
Court: District Court, N.D. Florida
Number: infdco20151221945
Visitors: 19
Filed: Dec. 18, 2015
Latest Update: Dec. 18, 2015
Summary: ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (doc. 120) docketed December 15, 2015. The magistrate judge recommends that Sergeant Donnie Segree's motion to dismiss be denied. Segree has filed objections (doc. 121) to the report and recommendation. The court has reviewed the record and has determined that the magistrate judge's recommendation should be adopted.
Summary: ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's report and recommendation (doc. 120) docketed December 15, 2015. The magistrate judge recommends that Sergeant Donnie Segree's motion to dismiss be denied. Segree has filed objections (doc. 121) to the report and recommendation. The court has reviewed the record and has determined that the magistrate judge's recommendation should be adopted. A..
More
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
WILLIAM STAFFORD, Senior District Judge.
Before the court is the magistrate judge's report and recommendation (doc. 120) docketed December 15, 2015. The magistrate judge recommends that Sergeant Donnie Segree's motion to dismiss be denied. Segree has filed objections (doc. 121) to the report and recommendation.
The court has reviewed the record and has determined that the magistrate judge's recommendation should be adopted. Although Segree properly objects to the magistrate judge's partial reliance on statements made by the plaintiff in response to the motion to dismiss, this court nonetheless finds—looking only at the allegations in the fourth amended complaint—that the plaintiff has stated a claim against Segree.1
Accordingly, it is ORDERED:
1. The magistrate judge's recommendation—that Segree's motion to dismiss be denied—is ADOPTED.
2. Defendant Segree's motion to dismiss (doc. 101) is DENIED.
3. The case shall be returned to the magistrate judge for further proceedings.
DONE AND ORDERED.
FootNotes
1. On page 9 of his fourth amended complaint, the plaintiff has alleged that Segree failed to intervene when other officers used excessive force on the plaintiff in Segree's presence.
Source: Leagle
