Waldron v. Gainey et al

Filing 32

ORDER adopting Report and Recommendations 31 re Defendant's Motion to Dismiss 16 as the opinion of the Court; Defendant's Motion to Dismiss 16 is DENIED; Defendant Deputy Spicher, Jr. is directed to file his Answer not later than September 27, 2017. Signed by Judge Timothy J. Corrigan on 9/7/2017. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JOLENE WALDRON, as the
Personal Representative of the
Estate of Anthony R. Ybarra, Jr. a
minor,
Plaintiff,
v.

Case No. 5:16-cv-658-Oc-32PRL

GREGORY SPICHER, individually
and BILLY WOODS, Marion County
Sheriff, in his Official Capacity,
Defendants.

ORDER
This case is before the Court on Defendant Deputy Spicher, Jr.'s Motion
to Dismiss (Doc. 16). On August 11, 2017, the assigned United States
Magistrate

Judge

issued

a

Report

and

Recommendation

(Doc.

31)

recommending that the motion be denied. No party has filed an objection to the
Report and Recommendation, and the time in which to do so has passed. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a). Upon de novo
review of the file and for the reasons stated in the Report and Recommendation
(Doc. 31), it is hereby

ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 31)

is ADOPTED as the opinion of the Court.
2.

Defendant Deputy Spicher, Jr.’s Motion to Dismiss (Doc. 16) is

DENIED.
3.

Defendant Deputy Spicher, Jr. is directed to file his Answer to the

Amended Complaint not later than September 27, 2017.
DONE AND ORDERED in Jacksonville, Florida this 7th day of
September, 2017.

jjb
Copies to:
Honorable Philip R. Lammens
United States Magistrate Judge
Counsel of record

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