Fernandez v. Metro Dade Police Department et al

Filing 94

REPORT OF MAGISTRATE JUDGE. Recommending that this case be placed on the trial calendar of the District Judge. Objections to R&R due by 2/9/2009. Signed by Magistrate Judge Patrick A. White on 1/22/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-22957-CIV-MARTINEZ MAGISTRATE JUDGE P.A. WHITE

JUAN B. FERNANDEZ, Plaintiff, v.

: : :

METRO-DADE POLICE DEPT., et al., : Defendants. :

REPORT THAT CASE IS READY FOR TRIAL

In this case, after prior Reports (DE#s 10, 24, 31, 41, 65) and Orders thereon (DE#s 11, 43, 44, 51, 71) the pro se civil rights complaint pursuant to 42 U.S.C. §1983 complaint, as amended, remained pending against three Miami-Dade Policemen: Officer Ramades Perez [Badge 4982], Officer Noel Rodriguez [Badge 5598], and Sgt. Roberto Perez [Badge 2437]. Upon review of the record, a separate Report has been entered this date recommending that the defendants' joint motion for summary judgment be granted, in part, and denied, in part. It recommends that as to the plaintiff's Fourth Amendment claim relating to probable cause for his arrest, and his related claim of malicious prosecution, and as to uses of force prior to or during handcuffing, the defendants' join motion be granted. It further recommends that as to claims of postrestraint uses of force raised against Ramades Perez and Noel Rodriguez, and claims of denied and/or delayed medical care raised against Roberto Perez, the defendants' joint motion be denied. The plaintiff and defendants have filed their respective unilateral pretrial statements (DE#s 70 and 76). The case is otherwise now at issue; and the parties have not consented to trial before a Magistrate Judge pursuant to 28 U.S.C. §636(c). It is therefore respectfully recommended that this case be placed on the trial calendar of the District Judge. Dated: January 22nd, 2009. ______________________________ UNITED STATES MAGISTRATE JUDGE

cc:

The Honorable Jose E. Martinez, United States District Judge Juan B. Fernandez, Pro Se DC# 395380 Everglades Correctional Institution P. O. Box 949000 Miami, FL 33194-9000 Dennis A. Kerbel, Esquire Assistant County Attorney Miami-Dade County Attorney's Office Stephen P. Clark Center 111 N.W. 1st Street, Suite 2810 Miami, FL 33128

2