JACKSON v. JENKINS et al

Filing 96

ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's Report and Recommendation, ECF No. 87 , is adopted and incorporated by reference in this Order. Defendant Shively's motion to dismiss, ECF No. 62 , is GRANTED IN PART and DENIED IN PART as follows: a. Defendant Shively's motion to dismiss is GRANTED as to the following claims against her, and these claims are DISMISSED: i. Plaintiff's due process claim, ii. Plaintiff's offici al-capacity claim, iii. Plaintiff's claim for injunctive relief, and iv. Plaintiff's references to treaties and state law. b. Defendant Shively's motion to dismiss is DENIED in all other respects. This matter is returned to the Magistrate Judge for further pretrial proceedings. Signed by JUDGE M CASEY RODGERS on 01/10/22. (jfj)

Case 5:19-cv-00114-MCR-MJF Document 96 Filed 01/10/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ANTWAN JOVAN JACKSON,
Plaintiff,
v.

Case No. 5:19-cv-114-MCR-MJF

SERGEANT LANIER, et al.,
Defendants.
_____________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated November 29, 2021. ECF No. 87. The parties were
furnished a copy of the Report and Recommendation and were afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). There have been no timely filed objections.
Having considered the Report and Recommendation and the record, the Court
concludes that the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The Magistrate Judge’s Report and Recommendation, ECF No. 87, is

adopted and incorporated by reference in this Order.

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2.

Defendant Shively’s motion to dismiss, ECF No. 62, is GRANTED IN

PART and DENIED IN PART as follows:
a.

Defendant Shively’s motion to dismiss is GRANTED as to the

following claims against her, and these claims are DISMISSED:
i.
ii.

Plaintiff’s official-capacity claim,

iii.

Plaintiff’s claim for injunctive relief, and

iv.
b.

Plaintiff’s due process claim,

Plaintiff’s references to treaties and state law.

Defendant Shively’s motion to dismiss is DENIED in all other

respects.
3.

This matter is returned to the Magistrate Judge for further pretrial

proceedings.
DONE AND ORDERED this 10th day of January 2022.

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 5:19cv114-MCR-MJF