Lwanga v. Cannon et al
ORDER adopting 42 Report and Recommendation; granting 37 Defendant Hall's Motion to Dismiss. Plaintiff's claims for monetary damages, claim of verbal abuse, and claim against Defendant Dr. Page Smith are dismissed. The unknown medical personnel are dismissed. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 9/20/2013. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TIMOTHY K. LWANGA,
Case No. 3:11-cv-114-J-34TEM
REGIONAL MEDICAL DIRECTOR DR.
PAGE SMITH, et al.,
THIS CAUSE is before the Court on Magistrate Judge Thomas E. Morris’ Report and
Recommendation (Dkt. No. 42; Report), entered on August 27, 2013. In the Report,
Magistrate Judge Morris recommends that Defendant Hall’s Motion to Dismiss (Dkt. No. 37)
be granted, that Plaintiff’s claim for monetary damages from Defendant Hall in his official
capacity be dismissed, that Plaintiff’s claim of verbal abuse be dismissed as frivolous, that
Defendant Hall be dismissed, that Plaintiff’s claim against Defendant Dr. Page Smith be
dismissed as frivolous, that the “unknown medical personnel” be dismissed, that the Court
find Plaintiff’s claim for injunctive relief to be moot, and that the Clerk be directed to enter
judgment and close the case. See Report at 20-21. No objections to the Report have been
filed, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of fact are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. 636(b)(1). However, the district court must review legal conclusions de novo.
See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States
v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
Magistrate Judge Morris’ Report and Recommendation (Dkt. No. 42) is
ADOPTED by the Court.
Defendant Hall’s Motion to Dismiss (Dkt. No. 37) is GRANTED, and Defendant
Hall is DISMISSED as a Defendant in this action.
Plaintiff’s claim for monetary damages from Defendant Hall in his official
capacity is DISMISSED.
Plaintiff’s claim of verbal abuse is DISMISSED as frivolous pursuant to 28
U.S.C. § 1915(e)(2)(B).
Plaintiff’s claim against Defendant Dr. Page Smith is DISMISSED as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B).
The “unknown medical personnel” are DISMISSED as Defendants in this case.
Plaintiff’s claim for injunctive relief is MOOT.
The Clerk of the Court is directed to enter judgment in accordance with this
Order, terminate all pending motions and deadlines as moot, and close the case.
DONE AND ORDERED in Jacksonville, Florida, this 20th day of September, 2013.
The Honorable Thomas E. Morris
United States Magistrate Judge
Timothy K. Lwanga
Counsel of Record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?