PAYNE v. ASHLEY

Filing 27

ORDER adopting the magistrate judge's 26 Report and Recommendation. Plaintiff's First Amendment claims against defendants Hanratty, Foley and Vaughn are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)( ii), for failure to state a claim on which relief may be granted. Plaintiff's claims against defendant Matthews are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted. This case is remanded to the magistrate for further proceedings. Signed by SENIOR JUDGE LACEY A COLLIER on 1/5/2017. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FERNANDO D. PAYNE,
Plaintiff,
v.

Case No. 3:15cv462/LC/CJK

LARRY R. ASHLEY, et al.,
Defendants.
_______________________/
ORDER
This cause comes on for consideration of the Magistrate Judge’s Report and
Recommendation dated December 2, 2016 (doc. 26). 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, the Court has determined
that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 26) is adopted
and incorporated by reference in this order.
2. Plaintiff's First Amendment claims against defendants Hanratty, Foley and

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Vaughn are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii),
for failure to state a claim on which relief may be granted.
3. Plaintiff's claims against defendant Matthews are DISMISSED WITH
PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which
relief may be granted.
4. This case is remanded to the magistrate for further proceedings on
plaintiff's overcrowding/unsanitary conditions-of-confinement claim against
defendants Lawson, Hanratty, Foley and Vaughn, including the filing of a third
amended complaint removing the claims dismissed herein and removing plaintiff's
request for injunctive relief and compensatory damages.
DONE AND ORDERED this 5th day of January, 2017.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:15cv462/LC/CJK