PHILLIPS v. SOLORZANO et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS 44 , 45 and granting 33 Motion to Dismiss for Failure to State a Claim; denying 37 Motion to Dismiss. The Clerk is directed to refer this matter back to the Magistrate for further proceedings. Signed by William Terrell Hodges on 7/18/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

DONNIE PHILLIPS,
PLAINTIFF,
-vs-

Case No. 1:15-cv-00110-WTH-GRJ

CORRECTIONAL OFFICER DAVID KEEN,
CORRECTIONAL OFFICER KATHERINE PITTMAN,
DOCTOR RONALD SOLORZANO,
DEFENDANTS.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation (Doc. 44) regarding the motion to dismiss of defendants Keen and
Pittman, and Report and Recommendation (Doc. 45) regarding the motion to dismiss of
defendant Solorzano. The parties have been furnished a copy of each Report and
Recommendation and have been afforded an opportunity to file objections pursuant to
Title 28, United States Code, Section 636(b)(1). The time for filing objections has
passed, and none have been filed. Having considered each Report and
Recommendation, I have determined that each should be adopted. The Report and
Recommendation at Doc. 44 and the Report and Recommendation at Doc. 45 are
accepted and incorporated herein. The Clerk is directed to enter judgment which states
as follows:

Page 2 of 2

“Defendants Keen and Pittman’s Motion to Dismiss (Doc. 33) is granted with prejudice
as to Count I and is granted without prejudice as to Count III. Defendant Solorzano’s
Motion to Dismiss (Doc. 37) is denied.” The clerk is directed to terminate Keen and
Pittman as defendants. The matter is referred back to the Magistrate Judge for further
proceedings.
IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 18th day of July, 2017.

Case No: 1:15-cv-00110-WTH-GRJ