TONEY v. COURTNEY et al

Filing 45

ORDER ADOPTING 41 REPORT AND RECOMMENDATION. Plaintiff's Motion to Remand (doc. 10 ) is DENIED. Defendants Dr. S. Schwartz and M. Nichols' Motion to Dismiss Plaintiff's Third Amended Complaint (doc. 23 ) is GRAN TED and plaintiff's claims against them are DISMISSED WITH PREJUDICE. Defendant Dennis Pollard's Motion to Dismiss Plaintiff's Third Amended Complaint (doc. 34 ) is GRANTED and plaintiff's claims against him are DISMISSED WITH PREJUDICE. The Clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 9/22/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
HAROLD TONEY,
Plaintiff,
v.

Case No. 3:16cv418-LC-CJK

C. COURTNEY, et al.,
Defendants.
____________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated August 30, 2017 (doc. 41). 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). 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.

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Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Plaintiff’s Motion to Remand (doc. 10) is DENIED.

3.

Defendants Dr. S. Schwartz and M. Nichols’ Motion to Dismiss

Plaintiff’s Third Amended Complaint (doc. 23) is GRANTED and plaintiff’s claims
against them are DISMISSED WITH PREJUDICE.
4.

Defendant Dennis Pollard’s Motion to Dismiss Plaintiff’s Third

Amended Complaint (doc. 34) is GRANTED and plaintiff’s claims against him are
DISMISSED WITH PREJUDICE.
5.

The Clerk is directed to close the file.

DONE AND ORDERED this 22nd day of September, 2017.

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

Case No. 3:16cv418-LC-CJK