THOMPSON v. WINDSOR et al

Filing 184

ORDER denying 99 Motion Amended Motion For Emergency Temporary Injunction; granting in part and denying in part 101 Motion for Summary Judgment; adopting Report and Recommendations re 178 Report and Recommendation.. Signed by JUDGE RICHARD SMOAK on 7/30/2010. (jcw)

THOMPSON v. WINDSOR et al

Doc. 184

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

MELVIN BERNARD THOMPSON, Plaintiff, vs. MONICA McCALL WINDSOR, Defendant. ________________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 178) and Plaintiff's Objections (In Part) Alternatively: Motion For Clarification Of Report And Recommendation (Doc. 183). I have considered Plaintiff's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Report And Recommendation is approved and incorporated in this Order. 2. In response to Plaintiff's request for reconsideration, Plaintiff is advised that ordinarily an Order which denies a motion for summary judgment is not appealable and that the Report and Recommendation does not address the admissibility of evidence in any future proceedings. 3. Defendant's Motion for Summary Judgment (Doc. 101) is granted in part on Plaintiff's claim for monetary damages against Defendant in her official capacity. Those claims are dismissed as barred by Eleventh Amendment. Defendant's Motion for Summary Judgment is denied in all other respects. CASE NO: 5:09cv73/RS-EMT

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4.

The Plaintiff's "Belated-Refiled Amended Motion For Emergency Temporary Injunction" (Doc. 99) is denied.

ORDERED on July 30, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE