RYAN v. POYTHESS

Filing 45

ORDER adopting Magistrate Judge's 35 REPORT AND RECOMMENDATION. Defendants' motion to dismiss the amended complaint (doc. 35 ) is GRANTED IN PART and DENIED IN PART. Plaintiff's Eighth Amendment claim against de fendant Newman is DISMISSED. This matter is referred to the assigned Magistrate Judge for further proceedings on plaintiff's Eighth Amendment claim against defendants Poythress and Alvarez. Signed by JUDGE M CASEY RODGERS on 08/29/2018. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

TAYLOR AUSTIN RYAN,
Plaintiff,
v.

CASE NO. 5:17cv54-MCR-CJK

GREGG POYTHRES, et al.,
Defendants.
___________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated June 12, 2018. ECF No. 43. 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). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.

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2.

Defendants’ motion to dismiss the amended complaint (doc. 35) is

GRANTED IN PART and DENIED IN PART.
3.

Plaintiff’s Eighth Amendment claim against defendant Newman is

DISMISSED.
4.

This matter is referred to the assigned Magistrate Judge for further

proceedings on plaintiff’s Eighth Amendment claim against defendants Poythress
and Alvarez.
DONE AND ORDERED this 29th day of August 2018.

M. Casey Rodgers

s/
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 5:17cv54-MCR-CJK