MUHAMMAD v. CREWS et al

Filing 144

ORDER ACCEPTING AND ADOPTING 129 REPORT AND RECOMMENDATION. The Clerk must note on CM/ECF that Julie L. Jones, the current Secretary of the Florida Department of Corrections, is substituted as Defendant in place of Michael D. Cr ews. Defendants Motion for Judgment on the Pleadings with Respect to Claims Against Defendants in Their Official Capacities, ECF No. 113 , isGRANTED. All official-capacity claims against Defendants Crews, Upchurch, Taylor, Bailey, Henkle, Campbell, Tallent, Andrews, Cannon, Creamer, Dew and Fuhrman are DISMISSED without prejudice. Signed by JUDGE MARK E WALKER on 6/11/2015. (pll)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASEE DIVISION
AKEEM MUHAMMAD,
Plaintiff,
v.

Case No. 4:14cv379-MW/GRJ

JULIE L. JONES,1 et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the magistrate judge’s report
and recommendation, ECF No. 129, and has also reviewed de novo Plaintiff's
objections, ECF No. 142.
The objections are overruled. A district court may dismiss claims against
redundant official-capacity defendants. See Busby v. City of Orlando, 931 F.2d
764, 776 (11th Cir. 1991). This principle applies even when prospective relief is
sought from the official-capacity defendants. See Brenner v. Scott, 999 F. Supp.
2d 1278, 1286 (N.D. Fla. 2014); Murray v. Birmingham Bd. of Educ., No. 2:13CV-822-KOB, 2013 WL 5923725, at *2 (N.D. Ala. Oct. 31, 2013).

1

Under Federal Rule of Civil Procedure 25(d), Julie L. Jones, who is the current Secretary of the Florida
Department of Corrections, is automatically substituted as Defendant in place of Michael D. Crews.

1

The Secretary asserts that complete relief may be provided without the other
Defendants in their official capacities. ECF No. 113, at 4. There is no apparent
reason to disagree. But “[i]f it turns out later that complete relief cannot be
afforded against the Secretary . . . , any necessary and proper additional defendant
can be added.” Brenner, 999 F. Supp. 2d at 1286.
As the magistrate judge’s report and recommendation noted, the claims
against these Defendants in their individual capacities shall remain.
Accordingly,
IT IS ORDERED:
1. The report and recommendation, ECF No. 129, is accepted and
adopted, over Plaintiff's objections, as this Court’s opinion.
2. The Clerk must note on CM/ECF that Julie L. Jones, the current
Secretary of the Florida Department of Corrections, is substituted as
Defendant in place of Michael D. Crews.
3. Defendants’ Motion for Judgment on the Pleadings with Respect to
Claims Against Defendants in Their Official Capacities, ECF No. 113, is
GRANTED. All official-capacity claims against Defendants Crews,
Upchurch, Taylor, Bailey, Henkle, Campbell, Tallent, Andrews, Cannon,
Creamer, Dew and Fuhrman are DISMISSED without prejudice.

2

Plaintiff's official -capacity claim against Julie L. Jones as Secretary of
the Florida Department of Corrections shall remain.
4. This Court does not direct entry of judgment as to the dismissed claims
under Federal Rule of Civil Procedure 54(b).
5. This cause is remanded to the magistrate judge for further proceedings.
SO ORDERED on June 11, 2015.
s/Mark E. Walker
United States District Judge

3