Coon v. McNeil et al

Filing 29

ORDER adopting 9 Report and Recommendations. Signed by Judge Marcia G. Cooke on 6/1/2009. (lc1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 08-23209-CIV-COOKE/WHITE CHRISTOPHER L. COON, Plaintiff, v. WALTER A. MCNEIL, et al., Defendants. ___________________________/ ORDER ADOPTING MAGISTRATE'S PRELIMINARY REPORT AND RECOMMENDATION THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on the Plaintiff's Motion to Proceed In Forma Pauperis and for Appointment of Counsel [D.E. 2]. Judge White issued a Report and Recommendation [D.E. 9], recommending that only Plaintiff's denial of rights claim against Blondell Tate and Captain J. Colon be allowed to proceed. Judge White recommended that all other claims be dismissed for failure to state a claim upon which relief may be granted. As the movant did not file any objections to the Report and Recommendation, it is ORDERED AND ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation is AFFIRMED AND ADOPTED as follows: 1. Plaintiff may proceed on his claim against Captain J. Colon and Blondell Tate for

denial of rights under the Fourteenth Amendment. 2. Plaintiff's remaining claims, including all claims against Walter A. McNeil, Eric

Lane, and Charles Johnson, are DISMISSED.

DONE AND ORDERED in Chambers at Miami, Florida this 1st day of June 2009.

Copies furnished to: The Honorable Patrick A. White All counsel of record Christopher L. Coon, pro se DC. No. E22732 Marion Correctional Institute P.O. Box 158 Lowell, FL 32663-0158