HALL v. MOORE et al

Filing 26

ORDER adopting the magistrate judge's 23 Report and Recommendation. Plaintiff's claims against defendants Moore, Diamond and Simpson are DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), for fai lure to state a claim upon which relief may be granted. This matter is remanded to the Magistrate Judge for further proceedings on plaintiff's individual capacity Eighth Amendment claims against defendants Hood, Thornhill and Gielow. Signed by CHIEF JUDGE M CASEY RODGERS on 1/7/2015. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANDREW DAVID HALL,
Plaintiff,
v.

Case No. 3:14cv140/MCR/CJK

C.O. MOORE, et al.,
Defendants.
______________________/
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on December 16, 2014 (doc. 23), pursuant to 28 U.S.C. § 636(b)(1)(B), and after
reviewing any timely objections to the Recommendation, the Recommendation is adopted
as the opinion of the court.
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 23) is adopted and
incorporated by reference in this order.
2.

Plaintiff’s claims against defendants Moore, Diamond and Simpson are

DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a
claim upon which relief may be granted.
3. This matter is remanded to the Magistrate Judge for further proceedings on
plaintiff’s individual capacity Eighth Amendment claims against defendants Hood, Thornhill
and Gielow.
DONE AND ORDERED this 7th day of January, 2015.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE