BAKER v. RATHEL et al

Filing 24

ORDER ADOPTING 22 REPORT AND RECOMMENDATION; granting in part 18 Motion to Dismiss for Failure to State a Claim. Signed by JUDGE ALLEN C WINSOR on 11/13/2023. Claims against Defendant Sapp are dismissed for failure to exhaust. The motion is otherwise DENIED. The case will proceed against Defendant Rathel, and the magistrate judge will conduct further appropriate proceedings. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JALYN K. BAKER,
Plaintiff,
v.

Case No. 1:23-cv-3-AW-MJF

D. RATHEL, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Jalyn Baker sued Defendants Rathel and Sapp over an alleged
incident of excessive force. Defendants moved to dismiss, and the magistrate judge
recommends granting the motion in part. ECF No. 22. There has been no objection
to the report and recommendation. I have determined the report and recommendation
should be adopted, and I now incorporate it into this order.
The motion to dismiss (ECF No. 18) is GRANTED in part. Claims against
Defendant Sapp are dismissed for failure to exhaust. The motion is otherwise
DENIED. The case will proceed against Defendant Rathel, and the magistrate judge
will conduct further appropriate proceedings.
SO ORDERED on November 13, 2023.
s/ Allen Winsor
United States District Judge