FLANAGAN v. SHIPMAN

Filing 72

ORDER ADOPTING 69 Report and Recommendation. Defendant's 58 Motion to Dismiss is Denied in part and Granted in part. The motion is granted to the extent that any request for monetary damages is limited to nominal damages pursuant to 42 U.S.C. § 1997e(e), otherwise the motion is DENIED. The case is REMANDED to the assigned magistrate judge for further proceedings.- - Signed by SENIOR JUDGE ROGER VINSON on November 20, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

DENNIS ROBERT FLANAGAN, Plaintiff, vs. MARK SHIPMAN, Defendant. ___________________________________________________________________ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 20, 2009. Doc. 69. The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted. Case No. 3:08cv204-RV/WCS

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Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. Defendant's motion to dismiss, doc. 58, is DENIED in part and GRANTED in part. The motion is granted to the extent that any request for monetary damages is limited to nominal damages pursuant to 42 U.S.C. § 1997e(e), otherwise the motion is DENIED. The case is REMANDED to the assigned magistrate judge for further proceedings. DONE AND ORDERED this 20th day of November, 2009.

/s/ Roger Vinson ROGER VINSON Senior United States District Judge