BLACK et al v. BRUNSON et al

Filing 27

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOREVIDENTIARY HEARING: The report and recommendation is accepted and adopted as this Courts opinion. The motion to dismiss of Defendants Fortner, Clark and Wimb erley, ECF No. 17 , is DENIED in part. Plaintiff Black's claims should not be dismissed pursuant to 42 U.S.C. § 1997e(e), nor should the complaint be dismissed because it was jointly filed. This cause is remanded for an evidentiary hearing on the issue of exhaustion of administrative remedies, the hearing to be held within 30 days of the date of this order. Signed by JUDGE MARK E WALKER on 11/4/2014. (dac)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DAVID BLACK
and DANIEL MITCHELL,
Plaintiffs,
v.

CASE NO. 4:14cv88-MW/CAS

CHRISTOPHER BRUNSON,
GARY ANTHONY FORTNER,
BRYAN CLARK, and
MICHAEL WIMBERLEY,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION AND REMANDING FOR
EVIDENTIARY HEARING
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation. ECF No. 26.

Upon consideration, no objections having been

filed,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The motion to dismiss of Defendants Fortner, Clark and Wimberley,
ECF No. 17, is DENIED in part. Plaintiff Black's claims should not be dismissed
pursuant to 42 U.S.C. § 1997e(e), nor should the complaint be dismissed because it
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was jointly filed. This cause is remanded for an evidentiary hearing on the issue
of exhaustion of administrative remedies, the hearing to be held within 30 days of
the date of this order.
SO ORDERED on November 4, 2014.
s/Mark E. Walker
United States District Judge

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