THOMPSON v. COLLETTE et al
ORDER ACCEPTING 52 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "Defendants' Motion for Summary Judgment, ECF No. 46 , is GRANTED and judgment is entered in favor of Defendants Chris Collette and Scott Duval against Plaintiff, Matthew Thompson." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 3/9/2017. (vkm)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
Case No. 4:14cv620-MW/CAS
and SCOTT DUVAL,
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 52, and has also reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No. 55.
As part of its review, this Court considered Plaintiff’s affidavit, ECF No. 51
at 5, together with his verified complaint and attachments.1 ECF No. 16. Other than
Plaintiff’s conclusory statements, there is absolutely no evidence to support his claim
that the Defendants deliberately “slow starved” him. To the contrary, Plaintiff’s own
A verified pleading may be treated as an affidavit on summary judgment if it satisfies the
standards of Rule 56. See United States v. Four Parcels of Real Prop. in Greene & Tuscaloosa
Ctys. in State of Ala., 941 F.2d 1428, 1444 n.35 (11th Cir. 1991); Gordonv. Watson, 622 F.2d 120,
123 (5th Cir.1980); Fowler v. S. Bell Tel. & Tel. Co., 343 F.2d 150, 154 (5th Cir. 1965). Moreover,
this Court can consider information reducible to admissible evidence at trial.
statements and documents demonstrate that Plaintiff was fed the same food as the
other inmates and when he complained about his weight loss, remedial action was
taken; namely, he was transported to the medical unit and prescribed a 4,000 calorie
diet. It is no answer that there was a delay in instituting the 4,000 calorie diet. In
the verified complaint, Plaintiff even suggests that such a delay may have been due
to the facility’s inefficiency – recognizing it may not have been intentional. ECF
NO. 16 at 7. And, there is no evidence that the Defendants, as opposed to somebody
else at the facility, caused such a delay.
For these reasons,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, as this Court’s opinion.
The Clerk shall enter judgment stating,
“Defendants’ Motion for Summary Judgment, ECF No. 46, is GRANTED and
judgment is entered in favor of Defendants Chris Collette and Scott Duval against
Plaintiff, Matthew Thompson.” The Clerk shall close the file.
SO ORDERED on March 9, 2017.
s/Mark E. Walker
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?