BAUCHAM v. MOCK et al

Filing 44

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 35 Report and Recommendations; GRANTING 30 , 32 Motions to Dismiss. Franklin County is DISMISSED without prejudice. Count I of the Second Amended Complaint is DISMISSED without prejudice. Signed by SENIOR JUDGE MAURICE M PAUL on 6/7/2011. The Plaintiff is no longer pro se in this civil rights action. As such, this case will not be remanded to the Magistrate Judge. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIE FRED BAUCHAM,
Plaintiff,
v.

CASE NO. 4:10-cv-00263-MP -WCS

CITY OF APALACHICOLA, FRANKLIN COUNTY, GARY HUNNINGS, VAN JOHNSON,
KIT MASHBURN, MIKE MOCK, ROBERT SHELLEY, BOBBY VARNES, JIM WATKINS ,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 35, Report and Recommendation of the
Magistrate Judge, and Doc. 32, Motion to Dismiss Count I of the Second Amended Complaint
by Kit Mashburn, Mike Mock, Robert Shelley, and Jim Watkins.
The Report and Recommendation of the Magistrate Judge recommends that Defendant
Franklin County's Amended Motion to Dismiss, Doc. 30, be granted and Franklin County be
dismissed without prejudice, and this case be remanded for further proceedings. Plaintiff has not
objected to the recommendation, and the time for doing so has passed. Finding no plain error,
the Report and Recommendation of the Magistrate Judge is adopted with the following
exception. The Plaintiff is no longer pro se in this civil rights action. As such, this case will not
be remanded to the Magistrate Judge.
Defendants’ Motion to Dismiss Count I of the Second Amended Complaint argues that
Plaintiff has failed to sufficiently allege the elements of a conspiracy or alleged Defendants’
involvement in any conspiracy. Plaintiff responded and states that he does not object to
Defendants’ Motion to Dismiss but asks the court to grant the motion without prejudice subject

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to the requirements of the initial and final scheduling orders. Having initially filed his complaint
pro-se, Plaintiff should be afforded the opportunity to amend his complaint with counsel.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge, Doc. 35, is ADOPTED
and incorporated herein.

2.

The Amended Motion to Dismiss, Doc. 30, is GRANTED and Franklin County is
DISMISSED without prejudice.

3.

The Motion to Dismiss Count I, Doc. 32, is GRANTED and Count I of the
Second Amended Complaint is DISMISSED without prejudice.

DONE AND ORDERED this

7thday of June, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:10-cv-00263-MP -WCS