FERRIS v. CREWS et al

Filing 31

ORDER OF DISMISSAL. The 30 report and recommendation is ACCEPTED. The defendant's motion to dismiss, ECF No. 18 , is GRANTED. The clerk must enter judgment stating, "The complaint is dismissed with prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 8/5/2015. (kjw)

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

CASE NO. 4:14cv454-RH/GRJ

JULIE JONES,
Defendant.
_______________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 30. No objections have been filed.
The report and recommendation is correct. This order adopts the report and
recommendation as the court’s opinion except on the plaintiff’s conspiracy claim.
The conspiracy claim fails because, as set out in the remainder of the report and
recommendation, the plaintiff has failed to allege any actionable violation of his
rights. People who act together to do nothing wrong cannot be held liable for
conspiracy. This makes it unnecessary to address the additional grounds noted in
the report and recommendation for rejecting the conspiracy claim. Even if the
complaint adequately alleged an agreement, and even if the intracorporate
Case No. 4:14cv454-RH/GRJ

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conspiracy doctrine does not apply to a conspiracy among correctional officers to
violate an inmate’s rights, this complaint still would fail to state a conspiracy claim
on which relief can be granted.
For these reasons,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The defendant’s motion to
dismiss, ECF No. 18, is GRANTED. The clerk must enter judgment stating, “The
complaint is dismissed with prejudice.” The clerk must close the file.
SO ORDERED on August 5, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 4:14cv454-RH/GRJ