THOMPSON v. WINDSOR et al

Filing 192

ORDER Adopting 178 Report and Recommendation re 182 Objection to Report and Recommendations; granting in part and denying in part 101 MOTION for Summary Judgment; 183 MOTION re 178 REPORT AND RECOMMENDATION re 101 MOTION for Summary Judgment. Signed by JUDGE RICHARD SMOAK on 8/5/2010. (jcw)

THOMPSON v. WINDSOR et al

Doc. 192

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); Defendant Windsor's Objection To The Report and Recommendation Regarding Defendant's Motion For Summary Judgment (Doc. 182); and Plaintiff's Objections (In Part) Alternatively: Motion For Clarification of Report and Recommendation (Doc. 183). I have considered all objections (Docs. 182 and 183) 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 CASE NO: 5:09cv73/RS-EMT

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capacity. Those claims are dismissed as barred by Eleventh Amendment. Defendant's Motion for Summary Judgment is denied in all other respects. 4. The Plaintiff's "Belated-Refiled Amended Motion For Emergency Temporary Injunction" (Doc. 99) is denied.

ORDERED on August 5, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE