WILSON v. JONES

Filing 83

ORDER ADOPTING REPORT AND RECOMMENDATION granting in part and denying in part 69 Motion to Dismiss. This matter is referred back to the Magistrate for further pretrial proceedings. Signed by William Terrell Hodges on 6/26/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

TARVIS WILSON,
PLAINTIFF,
-vs-

Case No. 5:15-cv-00193-WTH-CJK

THOMAS, et al.,
DEFENDANTS.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated April 27, 2017. (Doc. 77). The parties have been furnished a
copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). The time for
filing objections has passed, and none have been filed. Having considered the Report
and Recommendation, I have determined that the Report and Recommendation should
be adopted.
Furthermore, this Court notes that Defendant Donald has filed a Notice of
Adoption of Motion to Dismiss. (Doc. 80). As mentioned in the Report and
Recommendation, Defendant Thomas’s arguments are applicable to the claims raised
against Defendant Donald. Accordingly, the claims against Defendant Donald will also
be dismissed.

Page 2 of 2 

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

The Magistrate Judge’s Report and Recommendation, Doc. 77, is adopted
and incorporated by reference in this order.

2.

Defendant Thomas’s Motion to Partially Dismiss Plaintiff’s Third Amended
Complaint, Doc. 69, is GRANTED IN PART and DENIED IN PART as
follows:
a. Plaintiff’s official capacity claims against Defendants Thomas and
Donald for declaratory and injunctive relief are DISMISSED.
b. Plaintiff’s Motion to Dismiss Plaintiff’s Equal Protection claim is
DENIED AS MOOT.

3.

This matter is referred to the Magistrate for further pretrial proceedings on
Plaintiff’s individual capacity Eighth Amendment excessive force claim for
damages.

IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 26th day of June, 2017.

Case No: 5:15‐cv‐00193‐WTH‐CJK