SANDERS v. GEO GROUP et al

Filing 74

ORDER ADOPTING 73 REPORT AND RECOMMENDATION. Defendants' motion to dismiss (Doc. 67 ) is GRANTED, and the claims against Defendants Williams, Crawford, and Johns in the sixth amended complaint (Doc. 53 ) are DISMISSED with prejudice. The Clerk shall close the case file. Signed by JUDGE T KENT WETHERELL II on 10/25/2019. (sdw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MICHAEL QUINCY SANDERS,
Plaintiff,
v.

Case No. 3:17cv803-TKW-MJF

CHIEF WILLIAMS, et al.,
Defendants.
/
ORDER
This case is before the Court based upon the magistrate judge’s Report and
Recommendation (Doc. 73). No objections to the Report and Recommendation
were filed. Having reviewed the Report and Recommendation, I agree with the
magistrate judge’s determination that Plaintiff’s claims against Defendants Williams
and Crawford should be dismissed with prejudice for failure to exhaust
administrative remedies. I also agree that Plaintiff’s claims against Defendant Johns
should be dismissed for failure to state a claim based on Plaintiff’s concession that
the motion to dismiss is “well taken” as to Johns since “there is no allegation of
serious physical injury or harm to [Plaintiff] which resulted from th[e] action of
Johns,” Doc. 70, at 6;1 however, based on Plaintiff’s concessions (and the fact that

This filing also states that “Plaintiff is filing a notice of voluntary dismissal without
prejudice as to Sergeant Johns,” but the notice was never filed. The Court is not inclined to treat
this statement as a voluntary dismissal of the claims against Defendant Johns because (1) the
1

Plaintiff was on his sixth amended complaint), the Court finds that the claims against
Johns should be dismissed with prejudice, not without prejudice as recommended
by the magistrate judge.
Accordingly, it is ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.

2.

Defendants’ motion to dismiss (Doc. 67) is GRANTED, and the claims
against Defendants Williams, Crawford, and Johns in the sixth
amended complaint (Doc. 53) are DISMISSED with prejudice.

3.

The Clerk shall close the case file.

DONE and ORDERED this 25th day of October, 2019.

T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

statement indicates that a separate notice will be filed, and (2) Fed. R. Civ. P. 41(a) contemplates
a stand-alone filing.

2