SCOTT v. CAMPBELL et al

Filing 111

ORDER ACCEPTING AND ADOPTING SECOND REPORT AND RECOMMENDATION - The report and recommendation, ECF No. 109 , is ACCEPTED and ADOPTED, over the objections, as this Court's opinion. Defendant's second motion for summary judgment is DENIED. The Courtroom Deputy shall notice this matter for trial. Signed by JUDGE MARK E WALKER on 5/10/2017. (cle)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JIMMY SCOTT, JR.,
Plaintiff,
v.

Case No. 4:14cv478-MW/CAS

CAPTAIN MCCAMMON,
Defendant.
__________________________/
ORDER ACCEPTING AND ADOPTING SECOND REPORT
AND RECOMMENDATION
This Court has considered the Magistrate’s Second Report
and Recommendation, ECF No. 109, filed April 24, 2017. This
Court has also reviewed de novo Defendant McCammon’s
Objections to the Report and Recommendation, ECF No. 110,
filed May 8, 2017. This Court agrees with the Magistrate’s report
and recommendation. But this was a very close call, and this
Court recognizes that this issue may be the subject of a Rule 50
motion.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 109, is
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ACCEPTED and ADOPTED, over the objections, as this
Court’s opinion. Defendant’s second motion for summary
judgment is DENIED. The Courtroom Deputy shall notice this
matter for trial.
SO ORDERED on May 10, 2017.
s/Mark E. Walker
____
United States District Judge

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