FETZER v. MCDONOUGH

Filing 62

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. GRANTING 49 Motion for Summary Judgment and 37 Motion for Summary Judgment. DENYING 38 Motion for Summary Judgment. The clerk shall enter judgment in favor of the defendants on all of the plaintiff's claims. Signed by SENIOR JUDGE WILLIAM STAFFORD on 9/29/09. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DANIEL FETZER, Plaintiff, vs. JAMES R. McDONOUGH, WALTER A. McNEIL, and WARDEN ELLIS, Defendants. 4:07cv464-WS ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (doc. 54) docketed June 29, 2009. The magistrate judge recommends that the defendants' motion (doc. 37) and supplemental motion (doc. 49) for summary judgment be granted. The Plaintiff has filed objections (doc. 61) to the report and recommendation. The court having considered the record in light of the plaintiff's objections, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 54) is ADOPTED and incorporated by reference into this order. 2. The defendants' motion (doc. 37) and supplemental motion (doc. 49) for summary judgment are GRANTED. Page 2 of 2 3. The plaintiff's motion for summary judgment (doc. 38) is DENIED. 4. The clerk shall enter judgment in favor of the defendants on all of the plaintiff's claims. DONE AND ORDERED this 29th day of September, 2009. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE Case No. 4:07cv464-WS

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