GORDON v. ASSISTANT WARDEN

Filing 159

ORDER adopting Magistrate Judge's 154 REPORT AND RECOMMENDATION. Defendants' Motion for Summary Judgment (doc. 132 ) is DENIED as to Plaintiff's claim for compensatory and punitive damages for violating his Eigh th Amendment rights. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's claim against Defendant Marinin. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's failure to intervene/protect claim aga inst all Defendants, EXCEPT Marinin and Paul. Defendants Motion for Summary Judgment is GRANTED as to Plaintiff's claims for retaliation (First Amendment claim), violation of his rights to equal protection (Fourteenth Amendment claim), and conspiracy to obstruct justice. This matter is referred to the chambers of Magistrate Judge Hope T. Cannon for further pretrial proceedings. Signed by SENIOR JUDGE LACEY A COLLIER on 1/6/2020. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JAMMIE DARNELL GORDON, II,
Plaintiff,
v.

Case No. 3:15cv396-LC-HTC

COLONEL CARTER, et al.,
Defendants.
_______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated December 9, 2019 (doc. 154). 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 timely filed objections.
Having considered the Report and Recommendation and the 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.

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2.

Defendants’ Motion for Summary Judgment (doc. 132) is DENIED as

to Plaintiff’s claim for compensatory and punitive damages for violating his Eighth
Amendment rights.
3.

Defendants’ Motion for Summary Judgment is DENIED as to

Plaintiff’s claim against Defendant Marinin.
4.

Defendants’ Motion for Summary Judgment is GRANTED as to

Plaintiff’s failure to intervene/protect claim against all Defendants, EXCEPT
Marinin and Paul.
5.

Defendants’ Motion for Summary Judgment is GRANTED as to

Plaintiff’s claims for retaliation (First Amendment claim), violation of his rights to
equal protection (Fourteenth Amendment claim), and conspiracy to obstruct justice.
6.

This matter is referred to the chambers of Magistrate Judge Hope T.

Cannon for further pretrial proceedings.
DONE AND ORDERED this 6th day of January, 2019.

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

Case No. 3:15cv396-LC-HTC