LEMCOOL v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 69

ORDER ON SUMMARY JUDGMENT. Accepting 64 Report and Recommendations. Granting in part and denying in part 53 Motion for Summary Judgment. Signed by JUDGE ROBERT L HINKLE on 12/3/11. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION SHERRIE LEMCOOL, Plaintiff, v. CASE NO. 4:09cv376-RH/WCS ASSISTANT WARDEN POOL et al., Defendants. _____________________________/ ORDER ON SUMMARY JUDGMENT This case is before the court on the magistrate judge’s report and recommendation, ECF No. 64. No objection has been filed. Upon consideration IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court’s opinion. The defendants’ motion for summary judgment, ECF No. 53, is GRANTED IN PART and DENIED IN PART. The plaintiff’s Tarot Card and three-ring-binder claims are dismissed on the merits. The plaintiff’s other claims are remanded to the magistrate judge for further proceedings. I do not direct the Case No. 4:09cv376-RH/WCS Page 2 of 2 entry of judgment under Federal Rule of Civil Procedure 54(b). SO ORDERED on December 3, 2011. s/Robert L. Hinkle United States District Judge Case No. 4:09cv376-RH/WCS

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