MITCHELL v. WEST et al

Filing 21

ORDER re adopting 18 Report and Recommendation. Plaintiff's Eighth Amendment claims against Defendant Neal are DISMISSED for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii ). Plaintiffs Eighth Amendment claims against Defendants Miller and West based on verbal threats or harassment are DISMISSED for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiffs retali ation claims against all Defendants are DISMISSED for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This matter is recommitted to the assigned magistrate judge for furtherproceedings on Plaintiff's Eighth Amendment claims of excessive force againstDefendants Miller and West. Signed by SENIOR JUDGE LACEY A COLLIER on 11/25/2024. (jcw)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BRANDYN MITCHELL,
Plaintiff,
vs.

Case No.: 3:24cv210/LAC/ZCB

J. WEST, et al.,
Defendants.
_____________________/
ORDER
The magistrate judge issued a Report and Recommendation on October 31,
2024. (Doc. 18). The Court furnished the plaintiff 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). I have made a de novo determination of
the timely filed objections.
Having considered the Report and Recommendation, and the objections
thereto, I have determined the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The magistrate judge’s Report and Recommendation (Doc. 18) is

adopted and incorporated by reference in this order.

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2.

Plaintiff’s Eighth Amendment claims against Defendant Neal are

DISMISSED for failure to state a claim upon which relief may be granted under
28 U.S.C. § 1915(e)(2)(B)(ii).
3.

Plaintiff’s Eighth Amendment claims against Defendants Miller and

West based on verbal threats or harassment are DISMISSED for failure to state a
claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii).
4.

Plaintiff’s retaliation claims against all Defendants are DISMISSED

for failure to state a claim upon which relief may be granted under 28 U.S.C.
§ 1915(e)(2)(B)(ii).
5.

This matter is recommitted to the assigned magistrate judge for further

proceedings on Plaintiff’s Eighth Amendment claims of excessive force against
Defendants Miller and West.
DONE AND ORDERED this 25th day of November, 2024.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

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