THOMPSON V SYKES

Filing 57

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND DIRECTING CLERK TO REASSIGN CASE - The 56 report and recommendation is accepted and adopted as this Court's opinion as follows: Plaintiff's motion for summar y judgment, ECF No. 47 , is DENIED. Defendants' second amended motion for summary judgment, ECF No. 53 , is DENIED in part because there is a genuine dispute of material fact as to the First and Eighth Amendment claims. Defendants' mot ion for summary judgment is GRANTED as to the separate conspiracy claim and claims presented against the Defendants in their official capacities. This case shall proceed against the Defendants in their individual capacities for nominal damages o nly. The Clerk is directed to reassign this action to U.S. District Judge Robert Hinkle inasmuch as Judge Hinkle is presiding over Case No. 4:14cv465-RH with common questions of issue and fact. Judge Hinkle shall make the determination whether to consolidate the cases. ORDER REASSIGNING CASE - Case reassigned to JUDGE ROBERT L HINKLE all further proceedings. JUDGE MARK E WALKER no longer assigned to case. Signed by JUDGE MARK E WALKER on 2/23/2017. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MATTHEW JOHN THOMPSON,
Plaintiff,
v.

Case No. 4:15cv253-MW/CAS

CAPTAIN J. SIKES,
SERGEANT J. STRENGTH, and
CORRECTIONAL OFFICER GOFF,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION AND
DIRECTING CLERK TO REASSIGN CASE
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 56

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 as follows:
1.

Plaintiff’s motion for summary judgment, ECF No. 47, is DENIED.

2.

Defendants’ second amended motion for summary judgment, ECF No.

53, is DENIED in part because there is a genuine dispute of material fact as to the
First and Eighth Amendment claims. Defendants’ motion for summary judgment is
1

GRANTED as to the separate conspiracy claim and claims presented against the
Defendants in their official capacities.
3.

This case shall proceed against the Defendants in their individual

capacities for nominal damages only.
4.

The Clerk is directed to reassign this action to U.S. District Judge

Robert Hinkle inasmuch as Judge Hinkle is presiding over Case No. 4:14cv465-RH
with common questions of issue and fact. Judge Hinkle shall make the determination
whether to consolidate the cases.
SO ORDERED on February 23, 2017.
s/Mark E. Walker
____
United States District Judge

2