CHESTNUT v. PETERSEN

Filing 60

ORDER ADOPTING 56 REPORT AND RECOMMENDATION: granting Defendants' 48 Motion to Dismiss. Five specific claims against GILMORE, HOFFMAN, MITCHELL, BROWN, CARROUTH, PARRAMORE, and RICHTER are DISMISSED because Plaintiff fail ed to exhaust administrative remedies pursuant to §1997(e) and DISMISSED except for GILMORE from this action. Case is REMANDED for further proceedings on surviving claims against Defendant PETERSON and GILMORE. Signed by SENIOR JUDGE MAURICE M PAUL on 2/28/2013. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
GERNARD CHESTNUT,
Plaintiff,
v.

CASE NO. 4:11-cv-00225-MP-CAS

CAPTAIN KIMBERLY PETERSEN, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated November 16, 2012. (Doc. 56). 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 hereby ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

Defendants' motion to dismiss (doc. 48) is GRANTED.

3.

The following five claims against Defendants Gilmore, Hoffman, Mitchell,
Brown, Carrouth, Parramore, and Richter are DISMISSED because plaintiff
failed to exhaust administrative remedies pursuant to § 1997(e): (1) in June 2010,
Defendants Gilmore and Hoffman used excessive force assaulted Plaintiff; (2) on
June 9, 2010, Defendant Mitchell failed to intervene when Defendant Gilmore
assaulted Plaintiff; (3) on June 15, 2010, Defendant Mitchell retaliated against
Plaintiff; (4) on May 5, 2011, Defendants Brown and Carrouth retaliated against
Plaintiff; and (5) on May 6, 2011, Defendants Parramore and Richter used

Page 2 of 2

excessive force on Plaintiff.
4.

Defendants Hoffman, Mitchell, Brown, Carrouth, Parramore, and Richter are
DISMISSED from this action and this case is REMANDED for further
proceedings on the surviving claims against defendant Petersen concerning the
June 15, 2010 and May 5, 2011, incidents, and plaintiff's claim against defendant
Gilmore for the use of force on June 9, 2010.

DONE AND ORDERED this

28th day of February, 2013

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

Case No: 4:11-cv-00225-MP-CAS