Filing 51

ORDER DISMISSING THE OFFICIAL CAPACITY CLAIMS. ACCEPTING 39 REPORT AND RECOMMENDATION. Granting 31 Motion to Dismiss for Failure to State a Claim. The plaintiffs claims against the defendant in her official capacity are DISMISSED. Signed by JUDGE ROBERT L HINKLE on 7/11/12. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION VICTOR DONTAVIOUS STALLWORTH, Plaintiff, v. CASE NO. 4:11cv432-RH/CAS SERGEANT S. TYSON, Defendant. _____________________________/ ORDER DISMISSING THE OFFICIAL-CAPACITY CLAIMS This case is before the court on the magistrate judge’s report and recommendation, ECF No. 39. No objections have been filed. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court’s opinion. The defendant’s motion to dismiss, ECF No. 31, is GRANTED. The plaintiff’s claims against the defendant in her official capacity are DISMISSED. I Case No. 4:11cv432-RH/CAS Page 2 of 2 do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b). The case is remanded to the magistrate judge for further proceedings. SO ORDERED on July 11, 2012. s/Robert L. Hinkle United States District Judge Case No. 4:11cv432-RH/CAS

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