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Harry v. Nichols, 3:17cv328-MCR-CJK. (2018)

Court: District Court, N.D. Florida Number: infdco20180921b34 Visitors: 25
Filed: Sep. 20, 2018
Latest Update: Sep. 20, 2018
Summary: ORDER M. CASEY RODGERS , District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated August 22, 2018. ECF No. 45. 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). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objecti
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ORDER

This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated August 22, 2018. ECF No. 45. 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). I have made a de novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.

2. Defendants' motion to dismiss the amended complaint (doc. 35) is GRANTED IN PART and DENIED IN PART.

2. Plaintiff's medical malpractice claim against defendants Corizon, Nichols, and Brady is DISMISSED.

3. This matter is referred to the assigned Magistrate Judge for further proceedings on plaintiff's Eighth Amendment claim against defendants Nichols and Brady.

Source:  Leagle

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