McGee v. Barnes, 5:15-cv-00243-WTH-EMT. (2018)
Court: District Court, N.D. Florida
Number: infdco20180705d45
Visitors: 2
Filed: Jul. 03, 2018
Latest Update: Jul. 03, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION WILLIAM TERRELL HODGES , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated February 20, 2018. (ECF No. 60). 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). Plaintiff has filed objections at ECF No. 71. I have made a de novo review based on those
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION WILLIAM TERRELL HODGES , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated February 20, 2018. (ECF No. 60). 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). Plaintiff has filed objections at ECF No. 71. I have made a de novo review based on those o..
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ORDER ADOPTING REPORT AND RECOMMENDATION
WILLIAM TERRELL HODGES, District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated February 20, 2018. (ECF No. 60). 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). Plaintiff has filed objections at ECF No. 71. I have made a de novo review based on those objections. Having considered the Report and Recommendation, and the timely filed objections, I have determined that the Report and Recommendation should be adopted. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendant Cain's motion to dismiss (ECF No. 44) is GRANTED, and all of plaintiff's claims against her are DISMISSED for failure to state a claim on which relief may be granted.
3. Defendants Barnes and Jackson's motion to dismiss (ECF No. 52) is GRANTED, and plaintiff's claims for compensatory and punitive damages against Defendants in their official capacities are DISMISSED pursuant to the Eleventh Amendment. This order does not affect any claims brought against these defendants in their individual capacity.
4. The Clerk should NOT enter a judgment at this time, and this case is recommitted to the Magistrate Judge for further proceedings on Plaintiff's remaining claims.
DONE AND ORDERED.
Source: Leagle
