CARRIN v. STRONG et al

Filing 143

ORDER REJECTING 129 REPORT AND RECOMMENDATION.The report and recommendation, ECF No. 129 , is rejected. This matter is referred to the Magistrate Judge to address the distinctions Defendant Smiledge raises in her objections reg arding qualified immunity as a matter of first impression. The Clerk shall administratively TERMINATE Defendant Smiledge's motion for summary judgment, ECF No. 109 , and this Court will re- gavel the motion after the Magistrate Judge submits an amended report and recommendation addressing more fully the qualified immunity argument. Signed by CHIEF JUDGE MARK E WALKER on 3/26/2024. (rcb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
SANDRA GAIL CARRIN,
as the Personal Representative of
the Estate of RAYMOND MARSHALL
CARRIN,
Plaintiff,
v.

Case No.: 4:21cv486-MW/MAF

SHAUNA MARIE SMILEDGE,
et al.,
Defendants.
___________________________/
ORDER REJECTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Second
Report and Recommendation. ECF No. 129, and has also reviewed de novo
Defendant’s objections, ECF No. 140. Defendant Smiledge argues that the facts of
this case and her role as Health Services Administrator are distinguishable from the
cases the Magistrate Judge relies upon in his report and recommendation with
respect to qualified immunity. Defendant Smiledge argues that these distinctions
dictate a finding that she is entitled to qualified immunity. This Court requires further
analysis of the distinctions regarding qualified immunity that Defendant Smiledge
has raised before it rules on the pending motion for summary judgment.

Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 129, is rejected. This matter is
referred to the Magistrate Judge to address the distinctions Defendant Smiledge
raises in her objections regarding qualified immunity as a matter of first impression.
The Clerk shall administratively TERMINATE Defendant Smiledge’s motion for
summary judgment, ECF No. 109, and this Court will re-gavel the motion after the
Magistrate Judge submits an amended report and recommendation addressing more
fully the qualified immunity argument.
SO ORDERED on March 26, 2024.
s/Mark E. Walker
____
Chief United States District Judge

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