NAVE v. SCHLOFMAN

Filing 60

ORDER GRANTING DR. MACHADO-PELLOT'S, DON WHITFIELD'S, AND J. WEBSTER'S MOTION FOR SUMMARY JUDGMENT - The magistrate judge's report and recommendation (doc. 57 ) is ADOPTED as it relates to Defendants Whitfield and Webster. Defendants' motion for summary judgment (doc. 33 ) is GRANTED in toto. All claims against Dr. Machado-Pellot, Don Whitfield, and Jimmy Webster are DISMISSED WITH PREJUDICE. The clerk shall note on the docket that Dr. Machado-Pellot, Don Whitfield, and Jimmy Webster have been terminated from this action. The clerk shall REMAND the case to the magistrate judge for further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/3/2017. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

TRAVIS BARRETT NAVE,
Plaintiff,
v.

4:15cv376–WS/CAS

DR. SCHLOFMAN,
DR. MACHADO-PELLOT,
DON WHITFIELD, and
J. WEBSTER,
Defendants.

ORDER GRANTING DR. MACHADO-PELLOT’S, DON WHITFIELD’S,
AND J. WEBSTER’S MOTION FOR SUMMARY JUDGMENT
Before the court is the magistrate judge's report and recommendation (doc.
57) docketed January 20, 2017. The magistrate judge recommends that the motion
for summary judgment (doc. 33) filed by Defendants Don Whitfield, Jimmy
Webster, and Dr. Veronica Machado-Pellot be granted as to Whitfield and Webster
but denied as to Dr. Machado-Pellot. Defendants have filed objections (doc. 58) to
the report and recommendation insofar as it addresses Plaintiff’s claims against Dr.
Machado-Pellet.
Having considered the record in light of Defendants’ objections, the court

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finds that Defendants’ motion for summary judgment must be granted in favor of
Whitfield, Webster, and Dr. Machado-Pellet. The record evidence does not
demonstrate that any of the three—Whitfield, Webster, or Dr. MachadoPellet—was deliberately indifferent to Plaintiff’s serious medical needs.
Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 33) is
ADOPTED as it relates to Defendants Whitfield and Webster.
2. Defendants’ motion for summary judgment (doc. 33) is GRANTED in
toto.
3. All claims against Dr. Machado-Pellot, Don Whitfield, and Jimmy
Webster are DISMISSED WITH PREJUDICE. The clerk shall note on the docket
that Dr. Machado-Pellot, Don Whitfield, and Jimmy Webster have been terminated
from this action.
4. The clerk shall REMAND the case to the magistrate judge for further
proceedings.
DONE AND ORDERED this

3rd

day of

March

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE