Green v. Pembroke Pines Police Dept. et al

Filing 109

REPORT AND RECOMMENDATIONS Recommending 1) plaintiff's motion to dismiss (DE#108) be GRANTED; 2) the complaint against the defendants Benjamin, Darnowski, Foeseth, Johnson, Martin, and Velez-Ortiz, be dismissed, without prejudice; and their resp ective motions for summary judgment (DE#s 89, 90, 91, 93, 94, and 95) be dismissed as moot; and 3) the case remain pending against the defendants Hemmingway and Dang. Objections to R&R due by 7/13/2009. Signed by Magistrate Judge Patrick A. White on 6/23/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CORNELIUS GREEN, Plaintiff, v. PEMBROKE PINES POLICE DEPARTMENT, et al., Defendants. : : : : : CASE NO. 08-61648-CIV-LENARD MAGISTRATE JUDGE P.A. WHITE REPORT OF MAGISTRATE JUDGE

In this pro se civil rights action pursuant to 42 U.S.C. §1983 eight defendants filed motions for summary judgment: DE#89 (Benjamin); DE#90 (Darnowski); DE#91 (Foeseth); DE#92 (Hemmingway); DE#93 (Johnson); DE#94 (Martin); DE#95 (Velez-Ortiz); and DE#104 (Dang). This Cause is before the Court upon Plaintiff's "Motion to Dismiss" (DE#108), stating that he cannot obtain evidence against Keith, Darnowski, Johnson, Martin, Benjamin, and Velez-Ortiz, and wishes to dismiss the case against them, without prejudice to again name them in this case should evidence become available. Accordingly, it is recommended that: 1) plaintiff's motion to dismiss (DE#108) be GRANTED; 2) the complaint against the defendants Benjamin, Darnowski, Foeseth, Johnson, Martin, and VelezOrtiz, be dismissed, without prejudice; and their respective motions for summary judgment (DE#s 89, 90, 91, 93, 94, and 95) be dismissed as moot; and 3) the case remain pending against the defendants Hemmingway and Dang. In due course, a separate Report will be entered with a recommendation for disposition of the pending motions (DE#s 92 and 104) by the other two defendants, Hemmingway and Dang. Objections to this report may be filed with the District Judge within ten days of receipt of a copy of the report. Dated: June 23rd 2009. ______________________________ UNITED STATES MAGISTRATE JUDGE

cc:

Cornelius Green, Pro Se DC# 646038 Calhoun Correctional Institution 19562 S.E. Institutional Drive, Unit 1 Blountstown, FL 32424 E. Bruce Johnson, Esquire Scott David Alexander, Esquire Johnson, Anselmo, Murdoch, Burke, Piper & McDuff 2455 E. Sunrise Boulevard Suite 1000 P.O. Box 030220 Fort Lauderdale, FL 33304-0220

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