SPAULDING v. TUCKER, et al

Filing 179

ORDER adopting 170 Report and Recommendation; denying 169 PLAINTIFFS MOTION FOR DOCUMENTS. Signed by SENIOR JUDGE MAURICE M PAUL on 6/5/2015. Plaintiff's Eighth Amendment claim raised against Defendant Madan is DISMISS ED for failure to serve the Defendant with process within 120 days as required by Federal Rule of Civil Procedure 4(m), and for failure state a claim upon which relief can be granted. This case is remanded to the Magistrate Judge for further proceedings. (kdm)

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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 May 21, 2015. (Doc. 170). 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). Plaintiff has filed objections at doc.
173. I have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, 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. 170) is adopted and
incorporated by reference in this order.

2.

Plaintiff’s motion for documents (doc. 169) is DENIED.

3.

Plaintiff’s Eighth Amendment claim raised against Defendant Madan is
DISMISSED for failure to serve the Defendant with process within 120 days as
required by Federal Rule of Civil Procedure 4(m), and for failure state a claim
upon which relief can be granted.

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4.

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

DONE AND ORDERED this

5th day of June, 2015

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

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