GAGE v. INCH et al
Filing
42
ORDER. The Magistrate Judge's Report and Recommendation, ECF No. 41 , is adopted and incorporated by reference in this Order. Defendant Clemmons' Motion to Dismiss, ECF No. 30 , as adopted by Defendant Stephens, ECF No. 35 , is GRANTED, for failure to exhaust. The Clerk is directed to enter judgment in favor of Sergeant Stephens. Plaintiff's First Amended Complaint, ECF No. 9 , is DISMISSED as there are no claims which remain pending against any defendant. Signed by JUDGE M CASEY RODGERS on 11/13/2020. (alb)
Case 3:19-cv-03650-MCR-HTC Document 42 Filed 11/16/20 Page 1 of 2
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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.
/
O R D E R
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 9, 2020, ECF No. 41, which recommends that the
Defendant Clemmons’ motion to dismiss, ECF No. 30, as adopted by Defendant
Stephens, ECF No. 35, 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.
Case 3:19-cv-03650-MCR-HTC Document 42 Filed 11/16/20 Page 2 of 2
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Accordingly, it is now ORDERED as follows:
(1) The Magistrate Judge’s Report and Recommendation, ECF No. 41, is
adopted and incorporated by reference in this Order.
(2) Defendant Clemmons’ Motion to Dismiss, ECF No. 30, as adopted by
Defendant Stephens, ECF No. 35, is GRANTED, for failure to exhaust.
(3) The Clerk is directed to enter judgment in favor of Sergeant Stephens.
(4) Plaintiff’s First Amended Complaint, ECF No. 9, is DISMISSED as there
are no claims which remain pending against any defendant.
(5) The Clerk is directed to close the file.
DONE AND ORDERED this 13th day of November 2020.
s/
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case No. 3:19cv3650-MCR-HTC
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