Banks v. South Florida Reception Center-Medical Department Officials et al

Filing 104

ORDER adopting 101 Report and Recommendation of Magistrate Judge, denying 85 Plaintiff's Motion for Summary Judgment, granting 88 Defendant Balmir's Motion for Summary Judgment, and dismissing Balmir from proceedings. Signed by Judge Joan A. Lenard on 6/2/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-20203-CIV-LENARD/WHITE E D D I E LEE BANKS, P l a in tif f , v. S F R C MEDICAL DEPT. OFFICIALS, e t al, Defendants. ________________________________/ O R D E R ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 101), GRANTING DEFENDANT BALMIR'S MOTION FOR S U M M A R Y JUDGMENT (D.E. 88), DENYING BANKS'S MOTION FOR S U M M A R Y JUDGMENT (D.E. 85), AND DISMISSING DEFENDANT BALMIR T H I S CAUSE is before the Court on the Report and Recommendation of the M ag istrate Judge ("Report," D.E. 101), issued on April 27, 2010, recommending the Court d e n y Plaintiff's Motion for Summary Judgment ("Plaintiff's Motion," D.E. 85), filed on F eb rua ry 10, 2010, grant Defendant Balmir's Motion for Summary Judgment ("Balmir's M o t io n ," D.E. 88), filed on March 9, 2010, and dismiss Balmir from these proceedings. T h e re in , the parties were provided with fourteen (14) days to file objections to the Report. T o date, no objections to the Report have been filed. Failure to timely file objections shall b a r parties from attacking on appeal the factual findings contained in the report. See R eso lutio n Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). T h e re f o re , after an independent review of the Report and record, it is hereby ORDERED

A N D ADJUDGED that: 1. T h e Report of the Magistrate Judge (D.E. 101), issued on April 27, 2010, is ADO PTED; 2. P l a in tif f 's Motion for Summary Judgment (D.E. 85), filed on February 10, 2 0 1 0 , is DENIED; 3. D e f en d a n t Balmir's Motion for Summary Judgment (D.E. 88), filed on March 9 , 2010, is GRANTED; 4. 5. D e f e n d a n t Balmir is DISMISSED from the proceedings; A s Defendant Nurse Vasseller is the only remaining Defendant in this action a n d Plaintiff's motion for final default judgment against this defendant was p re v io u s ly denied without prejudice (See D.E. 68), Plaintiff has fourteen (14) d a ys from the date of this Order to re-file his motion for final default ju d g m e n t. DONE AND ORDERED in Chambers at Miami, Florida this 2nd day of June, 2010.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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