Flanning v. Fla. Dep't of Corr.

Mark E. Walker United States District Judge

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 62, filed August 11, 2014, and has also reviewed de novo Plaintiff's Objections to the report and recommendation, ECF No. 63, filed September 3, 2014. Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating,"This action is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) against defendants Apalachee CI Medical Department, Perish, Brock, Padgett, Froster, Jackson, and Holland, for plaintiff's failure to state a claim upon which relief may be granted." This case is remanded to the Magistrate for service and further proceedings on the individual capacity claim alleging Eighth Amendment violations against Defendant Baker.

SO ORDERED on September 5, 2014.

s/ Mark E. Walker

United States District Judge