SAUDER v. GREEN

Filing 42

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 39 Report and Recommendations; GRANTING in part and DENYING in part 31 Motion to Dismiss. Signed by SENIOR JUDGE STEPHAN P MICKLE on 8/16/2011. Plaintiffs claim for relief is limited to nominal damages against Defendants in their individual capacities. This case is remanded to the magistrate judge for further proceedings. (kdm)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
BRIAN SHAWN SAUDER,
Plaintiff,
v.

CASE NO. 4:10cv230-SPM/WCS

SERGEANT GREEN, et al.,
Defendants.
____________________________/
ORDER
THIS CAUSE comes for consideration upon the magistrate judge’s report
and recommendation dated July 25, 2011. Doc. 39. The parties have been
furnished with copies and Defendants Green and Pate filed objections pursuant
to Title 28, United States Code, Section 636(b)(1). Doc. 11. Despite the
objections, I have determined that the report and recommendation is correct and
should be adopted. Plaintiff has stated enough plausible facts to support a claim
that the threat of retaliation made administrative remedies unavailable to him.
Accordingly, it is
ORDERED AND ADJUDGED:
1.

The magistrate judge’s report and recommendation (doc. 39) is

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ADOPTED and incorporated by reference in this order.
2.

Defendants’ motion to dismiss (doc. 31) is denied in part and

granted in part. Plaintiff’s claim for relief is limited to nominal damages against
Defendants in their individual capacities.
3.

This case is remanded to the magistrate judge for further

proceedings.
DONE AND ORDERED this 16th day of August, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

CASE NO. 4:10cv230-SPMWCS