HAYES v. ONG et al

Filing 80

ORDER ACCEPTING AND ADOPTING 79 REPORT AND RECOMMENDATION - The motion for summary judgment filed by Defendant Ong, ECF No. 63 , is GRANTED. The summary judgment motion filed by Plaintiff, ECF No. 64 , is DENIED. The summary ju dgment motion filed by Defendants Bucarelli, Lee, Campbell, and Winree, ECF No. 66 , is GRANTED. Plaintiff's claim against Dr. Delacerna is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(5) for failure to serve the Defendant with process. The Clerk shall enter judgment stating, "Plaintiff's claims against Defendants are dismissed." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 9/28/2017. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DAMIEN CHRISTOPHER HAYES,
Plaintiff,
v.

Case No. 4:16cv28-MW/CAS

DR. FRANCIS ONG, et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Second
Report and Recommendation. ECF No. 79. Upon consideration, no objections
having been filed by the parties,
IT IS ORDERED:
The second report and recommendation is accepted and adopted as this
Court’s opinion. The motion for summary judgment filed by Defendant Ong, ECF
No. 63, is GRANTED. The summary judgment motion filed by Plaintiff, ECF No.
64, is DENIED. The summary judgment motion filed by Defendants Bucarelli, Lee,
Campbell, and Winree, ECF No. 66, is GRANTED. Plaintiff’s claim against Dr.
Delacerna is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(5) for
failure to serve the Defendant with process. The Clerk shall enter judgment stating,
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“Plaintiff’s claims against Defendants are dismissed.”

The Clerk shall close the

file.
SO ORDERED on September 28, 2017.
s/Mark E. Walker
____
United States District Judge

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