ALVAREZ v. CREWS et al

Filing 115

ORDER ACCEPTING 110 REPORT AND RECOMMENDATION - The motion to partially dismiss Plaintiff's fifth amended complaint, ECF No. 100 , is GRANTED in part and DENIED in part. The motion is GRANTED as to Plaintiff's request for punitive damages; that request is DISMISSED. The balance of the motion is DENIED. Defendants must file an answer to Plaintiff's fifth amended complaint, ECF No. 72 , within fourteen days of the date of this Order (Answer due by 3/15/2018). The case is REMANDED to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 3/1/2018. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ALFRED ALVAREZ,
Plaintiff,
v.

Case No. 4:14cv410-MW/CAS

DOUG CRAVEN
and J. SCHWEINSBERG,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 110. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The motion to partially dismiss Plaintiff’s fifth amended complaint, ECF
No. 100, is GRANTED in part and DENIED in part. The motion is GRANTED
as to Plaintiff’s request for punitive damages; that request is DISMISSED. The
balance of the motion is DENIED. Defendants must file an answer to Plaintiff’s fifth
amended complaint, ECF No. 72, within fourteen days of the date of this Order. The

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case is REMANDED to the Magistrate Judge for further proceedings.
SO ORDERED on March 1, 2018.
s/Mark E. Walker
____
United States District Judge

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