MATTHEWS v. HERRIN

Filing 41

ORDER ON THE MOTION TO DISMISS re ADOPTING 35 REPORT AND RECOMMENDATION ; granting in part and denying in part 35 Motion to Dismiss. The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 11/10/2015. (jcw)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CECIL MATHEWS,
Plaintiff,
v.

CASE NO. 5:15cv8-RH/GRJ

LAUREN DAVIS et al.,
Defendants.
_____________________________/
ORDER ON THE MOTION TO DISMISS
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 40. No objections have been filed. Upon
consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The motion to dismiss,
ECF No. 35, is GRANTED IN PART and DENIED IN PART. Any claim for
damages against an official-capacity defendant is dismissed. Any claim for
punitive damages against any defendant is dismissed. The plaintiff’s claims for
punitive damages against the defendants in their individual capacities are

Case No. 5:15cv8-RH/CAS

Page 2 of 2

DISMISSED. The case is remanded to the magistrate judge for further
proceedings.
SO ORDERED on November 10, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 5:15cv8-RH/CAS