HUTCHINS v. FRUCHNTNICHT et al

Filing 27

ORDER ACCEPTING REPORT AND RECOMMENDATION: Plaintiff's claims of conspiracy against Defendants are DISMISSED. Plaintiff's claims against Defendant McCranie which are premised on supervisory liability are DISMISSED. P laintiff's Fourteenth Amendment claims stemming from the alleged failure to prepare a use of force report are DISMISSED. This case is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 7/17/2015. (dac)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
BRIAN C. HUTCHINS,
Plaintiff,
v.

Case No. 4:14cv302-MW/GRJ

OFFICER JODY FRUCHNTNICHT,
et al.,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No.24, and has reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No.26. 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. 15, is
GRANTED in part and DENIED in part as follows:
1.

Plaintiff's claims of conspiracy against Defendants are DISMISSED.

2.

Plaintiff's claims against Defendant McCranie which are premised on

supervisory liability are DISMISSED.

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3.

Plaintiff's Fourteenth Amendment claims stemming from the alleged

failure to prepare a use of force report are DISMISSED.
4.

This case is remanded to the Magistrate Judge for further

proceedings.
SO ORDERED on July 17, 2015.
s/Mark E. Walker
United States District Judge

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