JOHNSTON v. MCNEIL

Filing 87

ORDER adopting 75 Report and Recommendation; granting in part and denying in part 70 Motion to Dismiss for Failure to State a Claim and MOTION to Dismiss.. Signed by CHIEF JUDGE M CASEY RODGERS on 8/7/2012. The claims agains t Defendant Edouard and Baldridge are DISMISSED for failure to properly exhaust administrative remedies. Defendants motion to dismiss is DENIED with regard to Plaintiff's First and Eighth Amendment claims against Defendants Young and Bozeman in their individual capacities only and this case is REMANDED for further proceedings. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

GEORGE RAYMOND JOHNSTON, III,
Plaintiff,
v.

CASE NO. 4:11cv21-MP-CAS

GLENN E. YOUNG, et al.,
Defendants.
/

ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated February 22, 2012. (Doc. 75). The parties have been furnished
a copy of the Report and Recommendation and have been 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Defendants' motion to dismiss (doc. 70) is GRANTED in part and DENIED

in part.
3.

Plaintiff's due process claims are DISMISSED for failure to state a claim.

4.

The claims against Defendant Edouard and Baldridge are DISMISSED for

failure to properly exhaust administrative remedies.

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5.

Defendants’ motion to dismiss (doc. 70) is DENIED with regard to Plaintiff's

First and Eighth Amendment claims against Defendants Young and Bozeman in their
individual capacities only and this case is REMANDED for further proceedings.
DONE and ORDERED this 7th day of August, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 4:11cv21-MP-CAS