LAWSON v. GILLMAN et al

Filing 67

ORDER ADOPTING REPORT AND RECOMMENDATION ; 57 Report and Recommendation - granting in part and denying in part 49 Motion to Dismiss for Failure to State a Claim. Signed by William Terrell Hodges on 11/22/17. (bkp)

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

CASE NO. 5:15-cv-00308-WTH-GRJ

S J GILLMAN, D A LEAVINS, K MCCRARY,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation, ECF No. 57, addressing Warden Leavins Motion to Dismiss, ECF No. 49.
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.1
Having considered the Report and Recommendation, I have determined that the Report
and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

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

1

The plaintiff filed a motion, ECF No. 59, entitled “Motion to Alert Court of Congress
1997e(e) Statutory Basis” which the Court has reviewed. The motion appears to respond to
Defendants Gillman and McCrary’s Motion for Summary Judgment rather than offer objections
to the Report and Recommendation at ECF No. 57.

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2.

To the extent that the Amended Complaint seeks monetary damages against
Warden Leavins in his official capacity, the Motion to Dismiss such claims is
granted.

3.

The Motion to Dismiss at ECF No. 49 is denied in all other respects.

DONE AND ORDERED this 22nd day of November, 2017

Case No: 5:15-cv-00308-WTH-GRJ