JAMISON v. ALACHUA COUNTY JAIL et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION ; granting 22 Report and Recommendation.; granting 19 Motion to Dismiss. Signed by SENIOR JUDGE STEPHAN P MICKLE on 5/24/12. Plaintiff is granted leave to file an amended complaint on or before June 13, 2012, for the sole purpose of bringing a claim for nominal damages. (bkp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
CLEVELEND LENEL JAMISON,
Plaintiff,
vs.

CASE NO.: 1:10-cv-250-SPM/GRJ

SHERIFF SADIE DARNELL,
Defendant.
___________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 22) which recommends that
Defendant’s motion to dismiss be granted. Plaintiff has been afforded an
opportunity to file objections, but no objections have been filed. Upon
consideration, I have determined that the Report and Recommendation is
accurate and should be adopted. Accordingly, it is
ORDERED and ADJUDGED:
1.

The Magistrate Judge’s Report and Recommendation (doc. 22) is
adopted and incorporated by reference into this order.

2.

The Motion to Dismiss of Defendant (doc. 19) is granted.

3.

Plaintiff’s claims for injunctive relief and for monetary damages in the

First Amended Complaint are dismissed.
4.

Plaintiff is granted leave to file an amended complaint on or before
June 13, 2012, for the sole purpose of bringing a claim for nominal
damages. If Plaintiff fails to file an amended complaint by this date,
the First Amended Complaint will be deemed to have been
dismissed with prejudice.

DONE AND ORDERED this 24th day of May, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

2