Ford v. GreenBaum et al

Filing 16

ORDER adopting 8 Preliminary Report and Recommendation, allowing excessive force claim to proceed against Defendants Greenbaum and Reynolds, and dismissing without prejudice Complaint as to all remaining claims and Defendant Cabrera. Signed by Judge Joan A. Lenard on 8/27/2009. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-21895-CIV-LENARD/WHITE C L A N D IS FORD, P l a in tif f , vs. R . GREENBAUM, 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. 8) T H I S CAUSE is before the Court on the Preliminary Report and Recommendation o f the Magistrate Judge ("Preliminary Report," D.E. 8), issued on August 4, 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 claim of excessive force against Defendants Greenbaum and Reynolds proceed a n d the remaining claims and Defendant be dismissed. Therein, the parties were provided te n (10) days to file objections to the Preliminary Report. To date, the parties have not filed a n y objections. Failure to timely file objections shall bar parties from attacking on appeal th e factual findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, In c ., 996 F.2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the P re lim in a ry Report and record, it is hereby ORDERED AND ADJUDGED that: 1. 2. T h e Preliminary Report of the Magistrate Judge (D.E. 8) is ADOPTED. P la in t if f ' s Complaint shall proceed as to the claim of excessive force against D e f e n d a n ts Greenbaum and Reynolds.

3.

P la in t if f ' s Complaint is DISMISSED without prejudice as to all other claims a n d Defendant Cabrera.

DONE AND ORDERED in Chambers at Miami, Florida this 27th day of August, 2009.

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

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