Watson v. Rochelle et al

Filing 11

ORDER adopting 7 Preliminary Report and Recommendation of Magistrate Judge, recommending that Plaintiff's Complaint proceed as to claims of excessive force against Defendants Rochelle and Coventon. Signed by Judge Joan A. Lenard on 8/10/2009. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-21873-CIV-LENARD/WHITE G E O R G E WATSON, P l a in tif f , vs. C O I ROCHELLE, et al, Defendants. ________________________________/ O R D E R ADOPTING PRELIMINARY REPORT & RECOMMENDATION OF M A G I S T R A T E JUDGE (D.E. 7) T H I S CAUSE is before the Court on the Preliminary Report and Recommendation o f the Magistrate Judge ("Preliminary Report," D.E. 7), issued on July 21, 2009, r e c o m m e n d in g that, after conducting an initial screening pursuant to 28 U.S.C. § 1915, P la in tif f 's claims of excessive force against Defendants Rochelle and Conventon proceed. T h e re in , Defendants were provided ten (10) days to file objections to the Preliminary Report. T o date, Defendants have not filed any objections to the Report. Failure to timely file o b je c tio n s shall bar parties from attacking on appeal the factual findings contained in the rep o rt. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1 9 9 3 ). Therefore, after an independent review of the Preliminary Report and record, it is h e re b y ORDERED AND ADJUDGED that: 1. 2. T h e Preliminary Report of the Magistrate Judge (D.E. 7) is ADOPTED. P la in t if f ' s Complaint shall proceed as to the claims of excessive force against D e f e n d a n ts Rochelle and Conventon.

D O N E AND ORDERED in Chambers at Miami, Florida this 10th day of August, 2009.

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

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