DICKERSON v. MOCK et al
Filing
105
ORDER GRANTING SUMMARY JUDGMENT IN PART - The 103 report and recommendation is accepted and adopted as the court's further opinion. The defendants' summary-judgment motion, ECF No. 83 , is granted in part. The plaint iff's conspiracy claim and claims against official-capacity defendants are dismissed. I do not direct the entry of judgment. The plaintiff's summary-judgment motion, ECF No. 94 , is denied. The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 9/16/2017. (cle)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIE DICKERSON, JR.,
Plaintiff,
v.
CASE NO. 4:16cv113-RH/CAS
SERGEANT ANDREW MOCK,
et al.,
Defendants.
_____________________________/
ORDER GRANTING SUMMARY JUDGMENT IN PART
This prisoner civil-rights case is before the court on the magistrate judge’s
report and recommendation, ECF No. 103. No objections have been filed.
The report and recommendation correctly concludes that the plaintiff’s
conspiracy claim does not provide a basis to recover separate and apart from the
underlying claims, that the plaintiff cannot recover against official-capacity
defendants, and that the record presents genuine disputes of material fact on
whether the defendants used excessive force against the plaintiff and he suffered
more than de minimis injury as a result. Accordingly,
IT IS ORDERED:
Case No. 4:16cv113-RH/CAS
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1. The report and recommendation is accepted and adopted as the court’s
further opinion.
2. The defendants’ summary-judgment motion, ECF No. 83, is granted in
part. The plaintiff’s conspiracy claim and claims against official-capacity
defendants are dismissed. I do not direct the entry of judgment under Federal Rule
of Civil Procedure 54(b).
3. The plaintiff’s summary-judgment motion, ECF No. 94, is denied.
4. The case is remanded to the magistrate judge for further proceedings.
SO ORDERED on September 16, 2017.
s/Robert L. Hinkle
United States District Judge
Case No. 4:16cv113-RH/CAS
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