CARRIN v. STRONG et al

Filing 145

ORDER ACCEPTING AND ADOPTING 134 REPORT AND RECOMMENDATION. The report and recommendation, ECF No. 134 , is accepted and adopted, over the Plaintiffs objections, as this Court's opinion. Plaintiff's motion for partial summary judgment, ECF No. 108 , is DENIED because genuine issues of material fact preclude summary judgment in her favor. 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 ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Fifth
Report and Recommendation. ECF No. 134, and has also reviewed de novo
Plaintiff’s objections, ECF No.142. Plaintiff contends that the Magistrate Judge’s
recommendations to deny Defendant Smiledge’s and Jimenez’s motions for
summary judgment provide ample support for granting Plaintiff’s motion for partial
summary judgment. But Plaintiff misapprehends the standard of review that this
Court applies to cross-motions for summary judgment. The Magistrate Judge
correctly applied that standard to each of the pending motions for summary
judgment. The fact that genuine disputes of material fact preclude judgment in

Defendant Smiledge’s and Jimenez’s favor does not automatically require this Court
to grant Plaintiff’s motion for partial summary judgment, particularly where
Plaintiff’s motion failed to provide the necessary factual support to demonstrate the
absence of disputes of material fact.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 134, is accepted and adopted,
over the Plaintiff’s objections, as this Court’s opinion. Plaintiff’s motion for partial
summary judgment, ECF No. 108, is DENIED because genuine issues of material
fact preclude summary judgment in her favor.
SO ORDERED on March 26, 2024.
s/Mark E. Walker
____
Chief United States District Judge

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