SMITH v. VAN et al

Filing 107

ORDER DISMISSING THE CLAIMS AGAINST DEFENDANTS COULIETTE AND PHILMAN - The 98 report and recommendation is accepted and adopted as the court's opinion. The defendant Couliette's motion to dismiss, ECF No. 59 , and t he defendant Randy D. Philman's motion to dismiss, ECF No. 92 , are granted for failure to state a claim against these defendants on which relief can be granted. I do not direct the entry of judgment. The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 6/22/2017. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JAMES V. SMITH, JR.,
Plaintiff,
v.

CASE NO. 4:15cv53-RH/CAS

ADAM VAN et al.,
Defendants.
_____________________________/
ORDER DISMISSING THE CLAIMS AGAINST
DEFENDANTS COULIETTE AND PHILMAN
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 98. No objections have been filed. Upon consideration,
IT IS ORDERED:
1. The report and recommendation is accepted and adopted as the court’s
opinion.
2. The defendant Couliette’s motion to dismiss, ECF No. 59, and the
defendant Randy D. Philman’s motion to dismiss, ECF No. 92, are granted for
failure to state a claim against these defendants on which relief can be granted.

Case No. 4:15cv53-RH/CAS

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3. I do not direct the entry of judgment under Federal Rule of Civil
Procedure 54(b).
4. The case is remanded to the magistrate judge for further proceedings.
SO ORDERED on June 22, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:15cv53-RH/CAS