MCCROAN v. MORGAN

Filing 48

ORDER GRANTING 35 SUMMARY JUDGMENT - The 46 report and recommendation is accepted. The clerk must enter judgment stating, "This action was resolved on a motion for summary judgment. It is ordered that the plaintiff William Tony McCroan recover nothing. The claims against the defendant Marguerite J. Morgan are dismissed on the merits." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 9/13/2015. (tdl)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WILLIAM TONY McCROAN, Plaintiff, v. CASE NO. 4:14cv40-RH/CAS MARGUERITE J. MORGAN, ADMINISTRATOR, FLORIDA STATE HOSPITAL, Defendant. _____________________________/ ORDER GRANTING SUMMARY JUDGMENT The plaintiff William Tony McCroan is detained in the Florida State Hospital. He alleges that the hospital administrator, the defendant Marguerite J. Morgan, disapproved nasal surgery that was medically necessary. The case is before the court on the magistrate judge’s report and recommendation, ECF No. 46, which recommends granting summary judgment for Ms. Morgan. Mr. McCroan has filed no objections. He has, however, moved for leave to amend his complaint to allege that his claim arises under the Fourteenth Amendment. This apparently is a response to the accurate statement in the report Case No. 4:14cv40-RH/CAS Page 2 of 2 and recommendation that a claim of a person who has been detained but not convicted arises under the Fourteenth Amendment, not the Eighth. The report and recommendation correctly concludes that summary judgment should be entered for Ms. Morgan. The record shows that she did not make or participate in the decision not to approve Mr. McCroan’s surgery. For this reason, IT IS ORDERED: 1. The report and recommendation is accepted. 2. Ms. Morgan’s summary-judgment motion, ECF No. 35, is granted. 3. The clerk must enter judgment stating, "This action was resolved on a motion for summary judgment. It is ordered that the plaintiff William Tony McCroan recover nothing. The claims against the defendant Marguerite J. Morgan are dismissed on the merits." 4. The clerk must close the file. SO ORDERED on September 13, 2015. s/Robert L. Hinkle United States District Judge Case No. 4:14cv40-RH/CAS

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