SPAULDING v. TUCKER, et al

Filing 156

ORDER - 1. ADOPTING 148 REPORT AND RECOMMENDATION. 2. Plaintiff's claims raised against Defendants JENNINGS and JOHNSON are DISMISSED for failure to serve Defendants with process within 120 days as required by Rule 4(m). 3. Plaintiff's claims against Defendant TUCKER are DISMISSED for failure to state a claim and for failure to serve process. 4. First 74 Motion to Dismiss by Defendants ADAMS, NEEL, and SECRETARY JONES is GRANTED. Plaintiff's claim against the Secretary of the Department of Corrections Michael Crews, hereby substituted as Julie Jones, is DISMISSED as Plaintiff's requests for injunctive and declaratory relief are moot and Defendant holds immunity under the Eleventh Amendment. Plain tiff's claims against Defendants Adams and Neel are DISMISSED for failure to state a claim upon which relief may be granted. 5. Second 78 Motion to Dismiss by Defendants BASS, FORD, GARTMAN, GOODWIN, HOWARD, and LANDRUM is GRANTED IN PART. Pla intiff's claims against these Defendants in their official capacities, Plaintiffs requests for declaratory and injunctive relief against these Defendants, and Plaintiff's requests for monetary damages as to Defendants Bass, Ford, Goodwin, H oward, and Landrum are DISMISSED. Otherwise, the motion is DENIED. 6. Third 97 motion to dismiss by Defendants LAGOS and WOODALL is GRANTED IN PART. Plaintiff's claims against these Defendants in their official capacities, and Plaintiff's requests for declaratory and injunctive relief and monetary damages against these Defendants, are DISMISSED. Otherwise, the motion is DENIED. 7. Fourth 118 motion to dismiss by Defendant REYNOLDS is GRANTED IN PART. Plaintiff's claims against this Defendant in her official capacity and Plaintiff's requests for declaratory and injunctive relief and monetary damages against this Defendant are DISMISSED. Otherwise, the motion is DENIED. 8. Case is REMANDED to the Magistrate Judge for further proceedings, with all remaining claims proceeding against Defendants in their individual capacities only, limited to nominal damages only, with the exception of Plaintiff's claims against Defendants GARTMAN and MADAN, upon which Plaintiff may request compensatory and punitive damages. Signed by SENIOR JUDGE MAURICE M PAUL on 4/13/2015. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOHN C. SPAULDING,
Plaintiff,
v.

CASE NO. 4:11-cv-00605-MP-CAS

RONNIE WOODALL, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated February 17, 2015. (Doc. 148). 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). The time for filing objections has
passed, and none have been filed.
Having considered the Report and Recommendation, 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 (doc. 148) is adopted and
incorporated by reference in this order.

2.

Plaintiff’s claims raised against Defendants Jennings and Johnson are
DISMISSED for failure to serve Defendants with process within 120 days as
required by Rule 4(m).

3.

Plaintiff’s claims against Defendant Tucker are DISMISSED for failure to state a
claim and for failure to serve process.

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4.

The first motion to dismiss by Defendants Adams, Neel, and Secretary Jones
(doc. 74) is GRANTED. Plaintiff’s claim against the Secretary of the Department
of Corrections Michael Crews, hereby substituted as Julie Jones, is DISMISSED
as Plaintiff’s requests for injunctive and declaratory relief are moot and
Defendant holds immunity under the Eleventh Amendment. Plaintiff’s claims
against Defendants Adams and Neel are DISMISSED for failure to state a claim
upon which relief may be granted.

5.

The second motion to dismiss by Defendants Bass, Ford, Gartman, Goodwin,
Howard, and Landrum (doc. 78) is GRANTED IN PART. Plaintiff’s claims
against these Defendants in their official capacities, Plaintiff’s requests for
declaratory and injunctive relief against these Defendants, and Plaintiff’s requests
for monetary damages as to Defendants Bass, Ford, Goodwin, Howard, and
Landrum, are DISMISSED. Otherwise, the motion is DENIED.

6.

The third motion to dismiss by Defendants Lagos and Woodall (doc. 97) is
GRANTED IN PART. Plaintiff’s claims against these Defendants in their official
capacities, and Plaintiff’s requests for declaratory and injunctive relief and
monetary damages against these Defendants, are DISMISSED. Otherwise, the
motion is DENIED.

7.

The fourth motion to dismiss by Defendant Reynolds (doc. 118) is GRANTED IN
PART. Plaintiff’s claims against this Defendant in her official capacity and
Plaintiff’s requests for declaratory and injunctive relief and monetary damages
against this Defendant are DISMISSED. Otherwise, the motion is DENIED.

8.

This case is REMANDED to the Magistrate Judge for further proceedings, with
all remaining claims proceeding against Defendants in their individual capacities
only, limited to nominal damages only, with the exception of Plaintiff’s claims
against Defendants Gartman and Madan, upon which Plaintiff may request
compensatory and punitive damages.

DONE AND ORDERED this

13th day of April, 2015

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

Case No: 4:11-cv-00605-MP-CAS