Yisrael v. Gil et al
Filing
41
ORDER adopting Report and Recommendations 11 Report and Recommendations. Case remains pending as to Defendants Gil, Ryan and Campbell on the claim of battery and assault at the jail. Claim as to "Food Service" is denied.. Signed by Judge William P. Dimitrouleas on 7/28/2010. (lbc)
Yisrael v. Gil et al
Doc. 41
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61159-CIV-DIMITROULEAS DONNIE JACKSON, aka Benyah Shalom Yisrael, Plaintiff, vs. DEPARTMENT OF CORRECTION, et al., Defendants. _____________________________________/ ORDER ADOPTING PRELIMINARY REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon the Preliminary Report of Magistrate Judge Patrick A. White, dated September 23, 2009 [DE-11]. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate's recommendations. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Preliminary Report of Magistrate Judge Patrick A. White, dated September 23, 2009 [DE-11] is hereby ADOPTED and APPROVED; 2. The case remains pending as to Defendants Gil, Ryan and Campbell on the claim of battery and assault at the jail;
Dockets.Justia.com
3.
Plaintiff may amend his complaint after conducting discovery to name the specific defendants responsible for denial of his dental treatment and the specific actions connecting these defendants to the alleged violations;
4.
The claim stated only as "Food Service" is DENIED as insufficient to state a claim, unless Plaintiff can include in a subsequent amendment, violations directly related to his pending claims of assault and denial of dental treatment, and the names of specific defendants responsible for the violations.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 28th day of July, 2010.
Copies furnished to: Ben-Shalom Yisrael, aka Donnie Jackson 083419 Santa Rosa C.I. 5850 E Milton Rd Milton, FL 32583 Hon. Patrick A. White U.S. Maj. Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?