MORRIS v. FLA DEPT OF CORRECTIONS et al

Filing 177

ORDER ADOPTING 172 REPORT AND RECOMMENDATION. Defendant Corizon's Motion for Summary Judgment (docs. 144 , 145 ) is GRANTED. Defendants Johnson, Lucante and May's Amended Motion for Summary Judgment (doc. 156 ) is D ENIED as to Plaintiff's Eighth Amendment claim and GRANTED as to Plaintiff's Fourteenth Amendment claim. This matter is referred to the assigned Magistrate Judge for further pretrial proceedings on Plaintiff's individual capacity Eighth Amendment excessive force claim against Defendants Johnson, Lucante and May. Signed by SENIOR JUDGE ROGER VINSON on 6/4/2019. (sdw)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHARLES LITTON MORRIS, Plaintiff, v. Case No. 3:16cv15-RV-HTC OFFICER DERRIC JOHNSON, et al., Defendants. _________________________________/ ORDER This cause comes on for consideration upon the Magistrate Judge’s Report and Recommendation dated May 3, 2019 (doc. 172). 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). The plaintiff has filed two objections (docs. 175, 176), which I have reviewed de novo. Having considered the Report and Recommendation, and the objections thereto filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: Page 2 of 2 1. The Magistrate Judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. Defendant Corizon’s Motion for Summary Judgment (docs. 144, 145) is GRANTED. 3. Defendants Johnson, Lucante and May’s Amended Motion for Summary Judgment (doc. 156) is DENIED as to Plaintiff’s Eighth Amendment claim and GRANTED as to Plaintiff’s Fourteenth Amendment claim. 4. This matter is referred to the assigned Magistrate Judge for further pretrial proceedings on Plaintiff’s individual capacity Eighth Amendment excessive force claim against Defendants Johnson, Lucante and May. DONE AND ORDERED this 4th day of June, 2019. /s/ Roger Vinson g ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No. 3:16cv15-RV-HTC

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