KORNAGAY v. GIVENS

Filing 135

ORDER. The magistrate judge's 131 Report and Recommendation is adopted and incorporated by reference in this order. The motion for summary judgment filed by Dfts (doc. 102 ) is GRANTED IN PART AND DENIED IN PART AS FOLLOW S: The motion is DENIED with respect to Pla's failure-to-protect claim against Dfts Given, Slattery, Weekly, Fenner, and Smith. The motion is DENIED with respect to Pla's retaliation claim against Dft Given. The motion is GRANTED with r espect to Pla's medical claim against Dfts Given, Williams, Slattery, Johnson, Roberts, and Nolan. As no claims remain against Dfts Williams, Johnson, Roberts, and Nolan, these Dfts are DISMISSED from this action. Signed by SENIOR JUDGE LACEY A COLLIER on March 24, 2014. J ROBERTS (CORRECTIONAL OFFICER), A WILLIAMS (LIEUTENANT), D JOHNSON (CORRECTIONAL OFFICER) and M NOLAN (SERGEANT) terminated (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ROBERT D. KORNAGAY,
Plaintiff,
vs.

Case No. 3:11cv428/LAC/EMT

SERGEANT GIVEN, et al.,
Defendants.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated February 24, 2014 (doc. 131). 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 the
objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto,
I have determined that the Report and Recommendation should be adopted.
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.

The motion for summary judgment filed by Defendants (doc. 102) is GRANTED IN

PART AND DENIED IN PART AS FOLLOWS:
a.

The motion is DENIED with respect to Plaintiff’s failure-to-protect claim against

Defendants Given, Slattery, Weekly, Fenner, and Smith.
b.
Given.

The motion is DENIED with respect to Plaintiff’s retaliation claim against Defendant

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c.

The motion is GRANTED with respect to Plaintiff’s medical claim against

Defendants Given, Williams, Slattery, Johnson, Roberts, and Nolan. As no claims remain against
Defendants Williams, Johnson, Roberts, and Nolan, these Defendants are DISMISSED from this
action.
DONE AND ORDERED this 24th day of March, 2014.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No.: 3:11cv428/LAC/EMT