JETER v. DUREN et al

Filing 37

ORDER ADOPTING 31 REPORT AND RECOMMENDATION ; denying 8 Motion for Summary Judgment; granting 15 Motion for Summary Judgment; granting 16 Motion for Partial Summary Judgment. Defendant Pierce's Motion for Summary Ju dgment 15 is GRANTED. The Clerk is directed to enter final summary judgment in favor of Defendant Pierce. Defendant Duren's Motion for Partial Summary Judgment 16 is GRANTED. The Clerk is directed to enter final summary judgment in favor of Defendant Duren as to all of Plaintiff's federal claims under 42 U.S.C. § 1983. Plaintiff's Motion for Summary Judgment 8 is DENIED. 5. Plaintiff's state-law tort claims against Defendant Duren are remanded to state court. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 3/30/2012. (jcw) (Copy mailed to Bay County Clerk of Court).

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
KURTIS ROY JETER,
Plaintiff,
v.

CASE NO. 5:11-cv-135-RS-CJK

ISAAC KENNETH DUREN, et al.,
Defendants.
_________________________________/
ORDER
Before me are the Magistrate Judge’s Report and Recommendation (Doc.
31) and Plaintiff’s Objections (Doc. 34). I have considered Petitioner’s objections
de novo.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is
approved and incorporated in this Order.

2.

Defendant Pierce’s Motion for Summary Judgment (Doc. 15) is
GRANTED. The Clerk is directed to enter final summary
judgment in favor of Defendant Pierce.

3.

Defendant Duren’s Motion for Partial Summary Judgment
(Doc. 16) is GRANTED. The Clerk is directed to enter final

summary judgment in favor of Defendant Duren as to all of
Plaintiff’s federal claims under 42 U.S.C. § 1983.
4.

Plaintiff’s Motion for Summary Judgment (Doc. 8) is
DENIED.

5.

Plaintiff’s state-law tort claims against Defendant Duren are
remanded to state court.

6.

The clerk is directed to close the file.

ORDERED on March 30, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE