FULLARD v. CORIZON HEALTH SERVICES INC et al

Filing 90

ORDER ACCEPTING REPORT AND RECOMMENDATION - The 88 report and recommendation is accepted and adopted, over Defendants' objections, as this Court's opinion. While a close call, this Court agrees that it's up to a ju ry to resolve the disputed facts such as whether Thomas was involved and ultimately to determine whether defendants were deliberately indifferent. The Defendants' motion for summary judgment, ECF No. 77 , is DENIED because there is a genuine dispute of material fact. Plaintiff's motion, ECF No. 87 , is DENIED and this case is REMANDED to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 3/28/2019. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WESLEY TIMOTHY FULLARD,
Plaintiff,
v.

Case No. 4:16cv507-MW/CAS

MARY W. THOMAS and
C. RHODES,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Third Report and
Recommendation, ECF No. 88, and has also reviewed de novo Defendants’ objections to the third
report and recommendation, ECF No. 89. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Defendants’ objections,
as this Court’s opinion. While a close call, this Court agrees that it’s up to a jury to resolve the
disputed facts such as whether Thomas was involved and ultimately to determine whether
defendants were deliberately indifferent. The Defendants’ motion for summary judgment, ECF
No. 77, is DENIED because there is a genuine dispute of material fact. Plaintiff’s motion, ECF
No. 87, is DENIED and this case is REMANDED to the Magistrate Judge for further proceedings.
SO ORDERED on March 28, 2019.
s/Mark E. Walker
____
Chief United States District Judge