BROWN v. COMERFORD et al

Filing 21

ORDER adopting the magistrate judge's 16 Report and Recommendation. Plaintiff's claims against defendants Michael Crews and Richard Comerford are DISMISSED WITH PREJUDICE for failure to state a claim upon which re lief may be granted. Plaintiff's claims for compensatory and punitive damages are DISMISSED WITHOUT PREJUDICE under 42 U.S.C. § 1997e(e). Plaintiff's claims for injunctive relief are DISMISSED WITH PREJUDICE. This case is remanded to the Magistrate Judge for further proceedings. Signed by SENIOR JUDGE LACEY A COLLIER on 7/21/2014. RICHARD COMERFORD (WARDEN) and MICHAEL D CREWS (SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS) terminated. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOE BROWN,
Plaintiff,
v.

Case No. 3:13cv572/LC/CJK

RICHARD COMERFORD, et al.,
Defendants.
__________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation (doc. 16). Plaintiff has been furnished a copy of the Report and
Recommendation and has been afforded an opportunity to file objections pursuant to
Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that it should
be adopted.
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 16) is adopted
and incorporated by reference in this order.
2. Plaintiff’s claims against defendants Michael Crews and Richard Comerford
are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief
may be granted.

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3. Plaintiff’s claims for compensatory and punitive damages are DISMISSED
WITHOUT PREJUDICE under 42 U.S.C. § 1997e(e).
4. Plaintiff’s claims for injunctive relief are DISMISSED WITH PREJUDICE.
5. This case is remanded to the Magistrate Judge for further proceedings on
the following claims:
a.

Plaintiff’s individual capacity claims for nominal damages against
defendants Gielow, Suttles and Enfinger for their alleged use of
excessive force on April 9, 2013, in violation of the Eighth
Amendment and

b.

Plaintiff’s individual capacity claims for nominal damages against
defendants Gielow, Suttles, Enfinger, Carr and Moore for their
alleged retaliation against plaintiff on April 9, 2013, in violation
of the First Amendment.

DONE and ORDERED on this 21st day of July, 2014.

s/L.A. Collier
Lacey A. Collier
Senior United States District Judge

Case No: 3:13cv572/LC/CJK