GAGE v. INCH et al

Filing 40

ORDER. The Magistrate Judge's Report and Recommendation, ECF No. 39 , is adopted and incorporated by reference in this Order. Defendant Clemmons' Motion to Dismiss, ECF No. 30 , is GRANTED, and the First Amended Complaint, ECF No. 9 , is DISMISSED WITH PREJUDICE as to Defendant Clemmons. The Clerk is directed to refer the matter back to the magistrate judge for further proceedings. Signed by JUDGE M CASEY RODGERS on 10/09/2020. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

BRIAN MARKEITH GAGE,
Plaintiff,
v.

Case No. 3:19cv3650-MCR-HTC

WALTER CLEMMONS,
CAPTAIN JOHN DOE,
TIMOTHY STEPHENS,
Defendants.
/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated September 4, 2020, ECF No. 39, which recommends that
the Defendant Clemmons’ motion to dismiss, ECF No. 30, be granted. The parties
have been given an opportunity to file objections.
Having considered the Report and Recommendation, and any duly filed
objections, 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, ECF No. 39, is
adopted and incorporated by reference in this Order.
(2) Defendant Clemmons’ Motion to Dismiss, ECF No. 30, is GRANTED,
and the First Amended Complaint, ECF No. 9, is DISMISSED WITH
PREJUDICE as to Defendant Clemmons.
(3) The Clerk is directed to refer the matter back to the magistrate judge for
further proceedings.
DONE AND ORDERED this 9th day of October 2020.

M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:19cv3650-MCR-HTC