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Velasquez v. Graham, 4:16cv731-MW/GRJ. (2018)

Court: District Court, N.D. Florida Number: infdco20180801a83 Visitors: 18
Filed: Jul. 28, 2018
Latest Update: Jul. 28, 2018
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION AND REMANDING CASE TO MAGISTRATE JUDGE MARK E. WALKER , Chief District Judge . This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 47, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 50. Upon consideration, IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. Defendant's Motio
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ORDER ACCEPTING REPORT AND RECOMMENDATION AND REMANDING CASE TO MAGISTRATE JUDGE

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 47, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 50. Upon consideration,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. Defendant's Motion to Dismiss, ECF No. 36, is GRANTED as to all claims decided in the Court's order and judgment in Velazquez I, ECF Nos. 42 and 43. The Clerk shall enter judgment stating, "Plaintiff's claims that were previously decided in Velazquez v. Robinson, Case No. 4:13-cv-382-MW-CAS (N.D. Fla. Feb. 4, 2016) are DISMISSED as barred by collateral estoppel." This matter is remanded to the Magistrate Judge for further proceedings to determine whether Plaintiff intends to proceed with his retaliation claim against Defendant Graham for nominal damages only, and if so, for the imposition of an order to pay Defendants $413.71 in costs before this case proceeds further, pursuant to Federal Rule of Civil Procedure 41(d).

SO ORDERED.

Source:  Leagle

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