RAGER v. AUGUSTINE
| DONALD W RAGER |
| PAIGE AUGUSTINE, KEITH BUFORD, S MALONE, EDDIE SNELL, CONNIE COPELAND, R HUNNICUTT, K O'BRYAN, T LEWIS, HELEN J MARBERRY, UNKNOWN, HARRELL WATTS, UNITED STATES OF AMERICA and CHARLES E SAMUELS, JR |
| 5:2015cv00035 |
| February 24, 2015 |
| US District Court for the Northern District of Florida |
| Panama City Office |
| Jackson |
| RICHARD SMOAK |
| ELIZABETH M TIMOTHY |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
189
ORDER ADOPTING 178 REPORT AND RECOMMENDATION; granting 162 Motion for Summary Judgment. The Clerk shall enter judgment stating, "The amended motion for summary judgment filed by Defendants Malone, Simmons, and Watts, ECF N o. 162 , is GRANTED. Plaintiff's claims against Defendant Augustine are DISMISSED with prejudice for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A. Judgment is entered in favor of all Defendants.' The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 12/28/2017. (jcw)
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Filing
121
ORDER ACCEPTING REPORT AND RECOMMENDATION re adopting 111 Report and Recommendation; denying 111 Motion for Default Order for Defendant Augustine. This case is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 3/21/2017. (jcw)
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Filing
106
ORDER ON REPORT AND RECOMMENDATION re adopting in part rejecting in part 103 Report and Recommendation. Except for Parts II.A and II.B.1, ECF no. 103 , the report and recommendation is ACCEPTED and ADOPTED as this Court's opinion. The report and recommendation is REJECTED in part as to Parts II.A and II.B.1. Defendants' motions to dismiss, ECF Nos. 49 , 64 , 67 , 72 are ACCEPTED as to Plaintiff's Fourth, Fifth, Eight, and Fourteenth Amendment claims, bu t REJECTED in part as to Plaintiff's First Amendment claims that could be construed as retaliation claims and are not otherwise barred by the statute of limitations. ECF No. 103 , at 29. This Court does not direct entry of judgment under Rule 54(b). The case is remanded to the Magistrate for further proceedings on Plaintiff's First Amendment retaliation claims consistent with this order. Signed by JUDGE MARK E WALKER on 1/10/2017. (jcw)
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