MAGWOOD v. TUCKER
Filing
14
ORDER adopting the magistrate judge's 10 Report and Recommendation. Dismissing with and without prejudice under 28 USC § 1915(e)(2)(B)(ii) and (iii) as outlined herein. This matter is referred to Magistrate Judge Charles J. Kahn, Jr. for further proceeding on plaintiff's individual capacity claims for nominal damages against defendants SCHWARTZ and BOQUIST. Signed by SENIOR JUDGE ROGER VINSON on 11/28/2012. (djb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BOBBY L. MAGWOOD,
Plaintiff,
vs.
Case No. 3:12cv140/RV/CJK
KENNETH S. TUCKER, et al.,
Defendants.
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated November 14, 2012. (Doc. 10). 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 objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto (doc. 11), 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.
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2.
The plaintiff’s individual capacity claims against defendants Warden
Douglas, Colonel Marinin, Sergeant Matthews and Sergeant Hatfield are DISMISSED
WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiff’s failure to state
a claim upon which relief can be granted.
3.
The plaintiff’s official capacity claims for damages are DISMISSED
WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(iii) as barred by Eleventh
Amendment immunity.
4.
The plaintiff’s individual capacity claims against defendants Captain
Schwartz and Sergeant Boquist for punitive damages are DISMISSED WITHOUT
PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiff’s failure to state a claim
upon which relief may be granted (plaintiff’s failure to allege the requisite physical
injury under 42 U.S.C. § 1997e(e)).
5.
This matter is referred to the magistrate judge for further proceedings on
plaintiff’s individual capacity claims for nominal damages against defendants Captain
Schwartz and Sergeant Boquist for their alleged violation of plaintiff’s First and
Eighth Amendment rights on February 21-23, 2011.
DONE AND ORDERED this 28th day of November, 2012.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE
Case No: 3:12cv140/RV/CJK
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