SAGESSE v. CROSS CITY CORRECTIONAL INSTITUTION et al
ORDER ADOPTING 34 REPORT AND RECOMMENDATION; granting 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by JUDGE ALLEN C WINSOR on 10/4/2021. Plaintiff's claims against Warden Hicks are dismissed. The magistrate judge will conduct further appropriate proceedings as to the remaining defendants. (kdm)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
Case No. 1:20-cv-238-AW-GRJ
WARDEN MILTON HICKS, et al.,
ORDER ADOPTING REPORT AND RECOMMENDATION
I have considered the magistrate judge’s July 26, 2021 Report and
Recommendation. ECF No. 34. I have also considered de novo the issues raised in
Plaintiff’s objections. ECF No. 35.1
I agree with the magistrate judge that Plaintiff has not stated a claim against
Warden Hicks, and I agree that any amendment would be futile. Read liberally,
Plaintiff’s objection suggests he could plead additional facts to show a physical
injury, but even if this were so, he would still fail to state a claim for the other reasons
the magistrate judge explains.
The Report and Recommendation (ECF No. 34) is adopted and incorporated
into this order. Warden Hicks’s motion to dismiss (ECF No. 32) is GRANTED, and
Plaintiff asks the court to consider his objections although they were
submitted just beyond the deadline. ECF No. 35 at 2. Based on the mailbox rule, it
appears that the objections were timely. At any rate, I have treated them as timely.
Plaintiff’s claims against Warden Hicks are dismissed. The magistrate judge will
conduct further appropriate proceedings as to the remaining defendants.
SO ORDERED on October 4, 2021.
s/ Allen Winsor
United States District Judge
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