PAYNE v. MCKEITHEN et al

Filing 56

ORDER ACCEPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. 50 , is accepted and adopted, over Plaintiff's objections, as this Courts opinion. Defendant McKeithen's motion for summary judgment, E CF No. 34 , is GRANTED. Defendant Lippmann's motion for summary judgment, ECF No. 36 , is GRANTED in part to the extent that the Complaint states negligence claims under state law. In all other respects, Defendant Lippmann's motion for s ummary judgment is DENIED. This case is remanded Magistrate Judge Jones for entry of an order governing an additional limited period of discovery and for reconsideration of Plaintiff's motions seeking appointment of counsel. Signed by JUDGE MARK E WALKER on 4/13/2015. (sac)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
THOMAS STERLING PAYNE,
Plaintiff,
v.

Case No. 5:13cv91-MW/GRJ

FRANK McKEITHEN and
RONALD LIPPMANN,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate’s Report and
Recommendation, ECF No.50, and has also reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No. 55. Accordingly
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, as this Court’s opinion. Defendant McKeithen's motion for summary
judgment, ECF No. 34, is GRANTED. Defendant Lippmann's motion for
summary judgment, ECF No. 36, is GRANTED in part to the extent that the
Complaint states negligence claims under state law. In all other respects,
Defendant Lippmann's motion for summary judgment is DENIED. This case is
remanded Magistrate Judge Jones for entry of an order governing an additional
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limited period of discovery and for reconsideration of Plaintiff's motions seeking
appointment of counsel.
SO ORDERED on April 13, 2015.
s/Mark E. Walker
United States District Judge

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