SANDERS v. BECK

Filing 28

ORDER REMANDING CASE TO MAGISTRATE TO CONSIDER OBJECTIONS IN THE FIRST INSTANCE, re 26 Report and Recommendation. Signed by CHIEF JUDGE MARK E WALKER on 7/22/2018. Rather, this Court merely suggests such arguments should be addressed by the Magistrate Judge before this Court passes on such questions. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
STEVEN GARY SANDERS,
Plaintiff,
v.

Case No. 1:17cv270-MW/GRJ

WILLIAM BECK, et al.,
Defendants.
__________________________

/

ORDER REMANDING CASE TO MAGISTRATE TO CONSIDER
OBJECTIONS IN THE FIRST INSTANCE
This Court has considered, without hearing, the Magistrate Judge’s Report
and Recommendation, ECF No. 26, and has also reviewed de novo Plaintiff’s
objections to the report and recommendation, ECF No. 27. Upon consideration,
IT IS ORDERED:
This matter is remanded to the Magistrate Judge to consider Plaintiff’s
objections in the first instance. For example, the report and recommendation is silent
with respect to whether Plaintiff states a continuing violation such that his claims
are not time-barred.

Moreover, Plaintiff argues that the Magistrate Judge

misapprehends his allegations and his claims do not implicate any conviction and
thus could not be Heck-barred. By remanding the case, this Court is not suggesting
Plaintiff’s objections have merit. Rather, this Court merely suggests such arguments

should be addressed by the Magistrate Judge before this Court passes on such
questions.
SO ORDERED on July 22, 2018.

s/Mark E. Walker
____
United States District Judge