FELL v. WEEKS et al

Filing 57

ORDER. The magistrate judge's Report and Recommendation (Doc. 54 ) is adopted and incorporated by reference in this order. Defendant's motion to dismiss (Doc. 43 ) is GRANTED in part to the extent that Plaintiff&# 039;s official capacity claim against Defendant is DISMISSED. Defendant's motion to dismiss (Doc. 43 ) is DENIED in all other respects. This case is recommitted to the magistrate judge for further proceedings. Signed by JUDGE M CASEY RODGERS on 08/28/24. (jfj)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SHAYNE MICHAEL FELL,
Plaintiff,
vs.

Case No.: 3:22-cv-17824/MCR/ZCB

NOLAN WEEKS,
Defendant.
_____________________/
ORDER
The magistrate judge issued a Report and Recommendation on July 31, 2024.
(Doc. 54).

The Court furnished the parties a copy of the Report and

Recommendation and afforded an opportunity to file objections pursuant to Title 28,
United States Code, Section 636(b)(1). There have been no timely filed objections.
Having considered the Report and Recommendation and the record, I have
determined the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The magistrate judge’s Report and Recommendation (Doc. 54) is

adopted and incorporated by reference in this order.
2.

Defendants’ motion to dismiss (Doc. 43) is GRANTED in part to the

extent that Plaintiff’s official capacity claim against Defendant is DISMISSED.
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3.

Defendant’s motion to dismiss (Doc. 43) is DENIED in all other

respects.
4.

This case is recommitted to the magistrate judge for further

proceedings.
DONE AND ORDERED this 28th day of August 2024.

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

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