LAQUE v. ATKINSON et al
Filing
38
ORDER ADOPTING 37 REPORT AND RECOMMENDATION. Defendants' motion to dismiss (doc. 33 ) is GRANTED IN PART and DENIED IN PART. Plaintiff's "Motion Requesting Escambia County Jail Administration and Medical Depart ment be Joined to Civil Rights Lawsuit/Request for Leave to Amend Accordingly" (doc. 36 ) is GRANTED. Plaintiff is ordered to submit a second amended complaint within 30 days that adds Escambia County as a defendant. (Second Amended Complaint due by 5/10/2018.) Signed by SENIOR JUDGE ROGER VINSON on 4/10/2018. (sdw)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MICHAEL W. LAQUE,
Plaintiff,
v.
Case No. 3:17cv99-RV-CJK
MICHAEL ADKINSON, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated March 13, 2018 (doc. 37). 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). No objections have been filed.
Having considered the Report and Recommendation, I have determined that
the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.
The Magistrate Judge’s Report and Recommendation is adopted and
incorporated by reference in this order.
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2.
Defendants’ motion to dismiss (doc. 33) is GRANTED IN PART and
DENIED IN PART as follows. Plaintiff’s claims for injunctive relief are dismissed
as moot. Defendants’ motion to dismiss this action based on plaintiff’s failure to
join a party under Rule 19 are denied.
3.
Plaintiff’s “Motion Requesting Escambia County Jail Administration
and Medical Department be Joined to Civil Rights Lawsuit/Request for Leave to
Amend Accordingly” (doc. 36) is GRANTED. Plaintiff is ordered to submit a
second amended complaint within 30 days that adds Escambia County as a
defendant.
DONE AND ORDERED this 10th day of April, 2018.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE
Case No. 3:17cv99-RV-CJK
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