MCCROAN v. MORGAN, et al

Filing 47

ORDER ACCEPTING AND ADOPTING 45 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "Defendant Morgan's Motion to Dismiss, ECF No. 26 , is GRANTED. Plaintiff's claims against Defendant Morgan are dismissed with prejudice in their entirety." This cause is remanded to the Magistrate for further proceedings and for review of Plaintiff's objections, ECF 46 , wherein Plaintiff moves for entry of a default judgment against Chief Smith. Signed by JUDGE MARK E WALKER on 4/16/2014. (tdl)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIAM TONY McCROAN,
Plaintiff,
v.

CASE NO. 4:13-cv-370-MW/GRJ

MARGUERITE J. MORGAN
and ADAM SMITH,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No. 45, along with the objections filed by the Plaintiff,
ECF No. 46. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over the
Plaintiff's objections, as this Court’s opinion.
The Clerk shall enter judgment stating, “Defendant Morgan's Motion to
Dismiss, ECF No. 26, is GRANTED . Plaintiff's claims against Defendant
Morgan are dismissed with prejudice in their entirety."

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This case will proceed against Defendant Smith who has been served but
has failed to file any response to the complaint. Plaintiff has not filed a motion for
default against Defendant Smith.
Further, Plaintiff is granted leave to amend his complaint to incorporate
new claims against Chief Smith and Officer Chafin as raised in Plaintiff's response
to the motion to dismiss.
This cause is remanded to the Magistrate for further proceedings and for
review of Plaintiff's objections, ECF 46, wherein Plaintiff moves for entry of a
default judgment against Chief Smith.
SO ORDERED on April 16, 2014.
s/Mark E. Walker
United States District Judge

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