MAGWOOD v. CREWS et al

Filing 34

ORDER ACCEPTING REPORT AND RECOMMENDATION - The Report and Recommendation ECF No. 32 , is accepted and adopted. The motion to dismiss, ECF No. 29 isGRANTED. Plaintiff's complaint, ECF No. 7 , is DISMISSED as to Defendant s Haas, Oqunsanwo, and Rummel for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). Further, the motion to dismiss,ECF No. 11 is GRANTED, and Plaintiff's complaint, ECF No. 7 , is DISMISSED as to Defendants Crews, Comerford, and Nichols, for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). J HAAS, OLUGBENGA OQUNSANWO (MD), RUMMEL (DR), RICHARD COMERFORD and MICHAEL D CREWS (SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS) terminated. Plaintiff is permitted to submit an amended complaint limited only to Plaintiff's Eighth Amendment claim against Defendant Nichols. This case is REMANDED for further proceedings. Signed by JUDGE MARK E WALKER on 1/30/2015. (sac)

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

Case No. 4:14cv313-MW/CAS

MICHAEL D. CREWS, et al.,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No. 32, and has also reviewed de novo Plaintiff’s
objections to the report and recommendation, ECF No.33. Accordingly
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections as this Court’s opinion. The motion to dismiss, ECF No. 29, is
GRANTED. Plaintiff's complaint, ECF No. 7, is DISMISSED as to Defendants
Haas, Oqunsanwo, and Rummel for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915(e)(2). Further, the motion to dismiss,
ECF No. 11, is GRANTED, and Plaintiff's complaint, ECF No. 7, is DISMISSED
as to Defendants Crews, Comerford, and Nichols, for failure to state a claim upon
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which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2) . Plaintiff is
permitted to submit an amended complaint limited only to Plaintiff's Eighth
Amendment claim against Defendant Nichols, and limited to a monetary request
for no more than nominal damages pursuant to 42 U.S.C. § 1997e(e). This case is
REMANDED for further proceedings.
SO ORDERED on January 30, 2015.
s/Mark E. Walker
United States District Judge

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