BLACK et al v. BRUNSON et al
| DANIEL MITCHELL and DAVID BLACK |
| CHRISTOPHER BRUNSON and JOHN DOE |
| 4:2014cv00088 |
| February 24, 2014 |
| US District Court for the Northern District of Florida |
| Tallahassee Office |
| Taylor |
| MARK E WALKER |
| CHARLES A STAMPELOS |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
27
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOREVIDENTIARY HEARING: The report and recommendation is accepted and adopted as this Courts opinion. The motion to dismiss of Defendants Fortner, Clark and Wimb erley, ECF No. 17 , is DENIED in part. Plaintiff Black's claims should not be dismissed pursuant to 42 U.S.C. § 1997e(e), nor should the complaint be dismissed because it was jointly filed. This cause is remanded for an evidentiary hearing on the issue of exhaustion of administrative remedies, the hearing to be held within 30 days of the date of this order. Signed by JUDGE MARK E WALKER on 11/4/2014. (dac)
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