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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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:
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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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