NASHADDAI v. ANDREWS et al

Filing 72

ORDER ACCEPTING AND ADOPTING 71 REPORT AND RECOMMENDATION - The motion to dismiss filed by Defendant Mock, ECF No. 62 , is GRANTED. Plaintiff's claims for compensatory and punitive damages are dismissed pursuant to 42 U.S.C . § 1997d(e), the claims for injunction and declaratory relief are dismissed, and the claim against Defendant Mock may proceed in his individual capacity only for nominal damages. Defendant Mock is required to file an answer to Plaintiff's fourth amended complaint by 1/23/2017. This case is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 1/13/2017. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
NYDEED B. K. NASHADDAI,
Plaintiff,
v.

Case No. 4:13cv421-MW/CAS

A. L. JOHNSON,
RONALD N. MOCK,
TERRY L. WHITLOCK, and
other UNKNOWN OFFICERS,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 71. Upon consideration, no objections having been
filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The motion to dismiss filed by Defendant Mock, ECF No. 62, is
GRANTED. Plaintiff’s claims for compensatory and punitive damages are
dismissed pursuant to 42 U.S.C. § 1997d(e), the claims for injunction and
declaratory relief are dismissed, and the claim against Defendant Mock may
proceed in his individual capacity only for nominal damages. Defendant Mock is
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required to file an answer to Plaintiff’s fourth amended complaint within ten days
of this order. This case is remanded to the Magistrate Judge for further
proceedings.
SO ORDERED on January 13, 2017.
s/Mark E. Walker
____
United States District Judge

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