HOEVER v. CARRAWAY et al

Filing 57

ORDER ACCEPTING 51 REPORT AND RECOMMENDATION. Defendant's Motion to Dismiss, ECFNo. 45 , is GRANTED in part, dismissed in part and DENIED in part. This cause is remanded to the Magistrate for consideration of Plaintiff's First Amendment claims for retaliation against Defendants Marks, Nunez and Paul for nominal damages. Signed by JUDGE MARK E WALKER on 2/20/2015. (pll)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
CONRAAD L. HOEVER,
Plaintiff,
v.

Case No. 4:13cv549-MW/GRJ

C. CARRAWAY, et al.,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No.51, and has also reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No.56. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections as this Court’s opinion. Defendant's Motion to Dismiss, ECF
No. 45, is GRANTED in part to the extent that Plaintiff's claim for violation of
due process is dismissed; Plaintiff's claims against Defendants in their official
capacities for damages are dismissed; Plaintiff's claims for compensatory and
punitive damages against Defendants in their individual capacities are dismissed;
and Plaintiff's claims for declaratory or injunctive relief are dismissed. In all
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other respects Defendant's motion to dismiss, ECF No. 45, is DENIED. This
cause is remanded to the Magistrate for consideration of Plaintiff's First
Amendment claims for retaliation against Defendants Marks, Nunez and Paul for
nominal damages.
As to the due process claim, this Court notes that Plaintiff explicitly states
that he did not assert a separate claim based on the “June 6, 2013, incident” but
“the incident was used to demonstrate the pattern of . . . behavior.” ECF No. 50 at
9. Stated otherwise, Plaintiff’s assertion that the Magistrate confused the words
“concerted” and “conceded” is nonsensical.
SO ORDERED on February 20, 2015.
s/Mark E. Walker
United States District Judge

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