O'CONNOR v. CARNAHAN

Filing 183

ORDER ADOPTING THE MAGISTRATE JUDGE'S 173 REPORT AND RECOMMENDATION - The defendant's motion to dismiss (doc. 155 ) is GRANTED. The plaintiff's state and federal claims against Jennifer Haas and Kristin Gavin ar e DISMISSED WITH PREJUDICE. The plaintiff's federal claims against Michael E. Crews are DISMISSED WITH PREJUDICE. The plaintiff's state law negligence claim against Michael E. Crews in his official capacity is DISMISSED WITHOUT PREJUDICE. The plaintiff's state law claims against Michael E. Crews are otherwise DISMISSED WITH PREJUDICE. The plaintiff's state and federal claims against Carnahan, Ellis, Davis Cobbs, Carmichael, Blocker, and LHB are DISMISSED WITH PREJUDICE. The case shall be REMANDED to the magistrate judge for further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/27/2014. (tdl)

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

NYKA O'CONNOR,
Plaintiff,
v.

3:09cv224-WS/EMT

M.L. CARNAHAN, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed November 18, 2013. See Doc. 173. The magistrate judge recommends
that the motion to dismiss (doc. 155) filed by Kristin Gavin, Jennifer Haas, and
current FDOC Secretary Michael E. Crews be granted. The magistrate judge also
recommends that the plaintiff's claims under both state and federal law be
dismissed with prejudice as to the following unserved defendants: Warden Ellis,
Sergeant Davis, Correctional Officer Cobbs, Correctional Officer Carmichael, and
mailroom workers M.L. Carnahan, Blocker, and LHB.
The plaintiff has filed objections (doc. 180) to the report and

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recommendation. The court has reviewed those objections, finding therein no
basis for rejecting the magistrate judge's report and recommendation. Accordingly,
it is ORDERED:
1. The magistrate judge's report and recommendation is adopted and
incorporated by reference in this order of the court.
2. The defendant's motion to dismiss (doc. 155) is GRANTED.
3. The plaintiff's state and federal claims against Jennifer Haas and Kristin
Gavin are DISMISSED WITH PREJUDICE.
4. The plaintiff's federal claims against Michael E. Crews are DISMISSED
WITH PREJUDICE. The plaintiff's state law negligence claim against Michael E.
Crews in his official capacity is DISMISSED WITHOUT PREJUDICE. The
plaintiff's state law claims against Michael E. Crews are otherwise DISMISSED
WITH PREJUDICE.
5. The plaintiff's state and federal claims against Carnahan, Ellis, Davis
Cobbs, Carmichael, Blocker, and LHB are DISMISSED WITH PREJUDICE.
6. The case shall be REMANDED to the magistrate judge for further
proceedings.
DONE AND ORDERED this 27th

day of

January

, 2014.

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s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT