FULLARD v. CORIZON HEALTH SERVICES INC et al
| WESLEY TIMOTHY FULLARD |
| MARY W THOMAS, C RHODES, PLISKIN and V MASA |
| 4:2016cv00507 |
| August 11, 2016 |
| US District Court for the Northern District of Florida |
| Tallahassee Office |
| Jefferson |
| MARK E WALKER |
| CHARLES A STAMPELOS |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
90
ORDER ACCEPTING REPORT AND RECOMMENDATION - The 88 report and recommendation is accepted and adopted, over Defendants' objections, as this Court's opinion. While a close call, this Court agrees that it's up to a ju ry to resolve the disputed facts such as whether Thomas was involved and ultimately to determine whether defendants were deliberately indifferent. The Defendants' motion for summary judgment, ECF No. 77 , is DENIED because there is a genuine dispute of material fact. Plaintiff's motion, ECF No. 87 , is DENIED and this case is REMANDED to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 3/28/2019. (cle)
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Filing
63
ORDER ACCEPTING 61 REPORT AND RECOMMENDATION - The second motion to dismiss, ECF No. 49 , filed by Defendant Mesa is GRANTED. The first motion to dismiss, ECF No. 43 , is GRANTED as to the claim against Defendant Pliskin but the motion is DENIED as to Plaintiff's claims against Defendants Rhodes and Thomas. This case is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 2/8/2018. (tdl)
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