BARNEY v. ESCAMBIA COUNTY FLORIDA

Filing 99

ORDER ADOPTING REPORT AND RECOMMENDATION. Defendants' 78 , 80 , 81 , and 82 motions to dismiss, are GRANTED and plaintiffs claims against Escambia County, Florida; Steven Barry; David Morgan; Todd Gerald Glaze; Har ry Green; and Patricia A. Kinsey are DISMISSED WITHOUT PREJUDICE. Plaintiffs motion for judgment on the 67 pleadings against Ms. Cosby, is DENIED and plaintiffs claims against Ms. Cosby are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. Plaintiff's 71 motion for summary judgment against Judge Kinsey, is DENIED. All other pending motions are DENIED as moot. Signed by JUDGE M CASEY RODGERS on 8/29/2018. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

ALVIN R. BARNEY, II,
Plaintiff,
v.

CASE NO. 3:17cv3-MCR-CJK

ESCAMBIA COUNTY, FLORIDA,
et al.,
Defendants.
________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated May 30, 2018. ECF No. 94. 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined 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.

Defendants’ motions to dismiss, ECF Nos. 78, 80, 81, and 82, are

GRANTED and plaintiff’s claims against Escambia County, Florida; Steven Barry;
David Morgan; Todd Gerald Glaze; Harry Green; and Patricia A. Kinsey are
DISMISSED WITHOUT PREJUDICE.
3.

Plaintiff’s motion for judgment on the pleadings against Ms. Cosby, ECF

No. 67, is DENIED and plaintiff’s claims against Ms. Cosby are DISMISSED
WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted.
4.

Plaintiff’s motion for summary judgment against Judge Kinsey, ECF No.

71, is DENIED.
5.

All other pending motions are DENIED as moot.

6.

The clerk of court shall close the file.

DONE AND ORDERED this 29th day of August 2018.

s/

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:17cv3-MCR-CJK