CHARRIEZ v. BUSS

Filing 50

ORDER adopting 46 Report and Recommendation; granting in part 39 Motion to Dismiss claims against Defendants Bannister and Stine. Defendants' motion to dismiss 39 is DENIED in part as to plaintiff's claim against Defendant Garcia. This case is remanded to the Magistrate Judge for further proceedings on plaintiff's claim against Defendant Garcia. Signed by CHIEF JUDGE M CASEY RODGERS on 3/25/2013. (atm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOSE M. CHARRIEZ,
Plaintiff,
v.

CASE NO.: 4:11cv379-SPM/CAS

MARK GARCIA, et al.,
Defendants.
/
ORDER
This cause comes before the court on magistrate judge’s Second Report and
Recommendation dated October 31, 2012.

(Doc. 46).

The parties were given an

opportunity to file objections to the report and recommendation and have done so. (Docs.
47, 48, 49). I have made a de novo determination of any timely filed objections pursuant
to Title 28, United States Code, Section 636(b)(1).
Having considered the Report and Recommendation, and the objections 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 Second Report and Recommendation (doc. 46) is

adopted and incorporated by reference in this order.
2.

Defendants’ motion to dismiss (doc. 39) is GRANTED in part as to plaintiff’s

claims against Defendants Bannister and Stine.
3.

Defendants’ motion to dismiss (doc. 39) is DENIED in part as to plaintiff’s

claim against Defendant Garcia.
4.

This case is remanded to the Magistrate Judge for further proceedings on

plaintiff’s claim against Defendant Garcia.
DONE and ORDERED this 25th day of March, 2013.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE