WILLIAMS v. TUCKER, et al

Filing 117

ORDER ADOPTING 113 REPORT AND RECOMMENDATION ; granting in part and denying in part 94 Motion to Dismiss for Failure to State a Claim; granting 99 Motion to Dismiss for Failure to State a Claim.. Signed by JUDGE RICHARD SMOAK on 1/6/2015. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
QUINCY WILLIAMS,
Plaintiff,
v.

CASE NO. 5:13-cv-9-RS-GRJ

KENNETH TUCKER, et al.,
Defendants.
__________________________________/
ORDER
Before me is the Magistrate Judge’s Report and Recommendation (Doc. 113). I
have reviewed the report and recommendation de novo. I have also reviewed Plaintiff’s
Objections (Doc. 116). Although Plaintiff has stated his reasons for objecting to at least
11 of the Magistrate Judge’s conclusions, I reject Plaintiff’s arguments as not compelling
and agree instead with the well-reasoned report of the Magistrate Judge.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved and
incorporated in this Order.
2. Defendants’ Motions to Dismiss (Doc. 94) is GRANTED IN PART,
DENIED IN PART. The motion is denied as to (i) Plaintiff’s claim
against Defendant Harrell for pepper spraying, (ii) Plaintiff’s claim
against Defendants Harrell and Rickman for leaving Plaintiff in a
contaminated cell overnight, and (iii) Plaintiff’s claim against Defendant
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Barfield for failing to intervene. All other claims against Defendants
Gunn, Howell and Crews are dismissed.
3. Defendant Knollinger’s Motion to Dismiss Plaintiff’s First Amended
Complaint (Doc. 99) is GRANTED. Defendant Knollinger is dismissed
from this action.
4. This case is referred to Magistrate Judge Gary R. Jones for further
proceedings.

ORDERED on January 6, 2015.
/s/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

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