Bagley v. Herring

Full title: PHILLIP BAGLEY, Plaintiff, v. CAPT. S. HERRING, C.O. J. DOWNUM, and C.O…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Feb 14, 2014

4:12cv611-WS (N.D. Fla. Feb. 14, 2014)

Opinion

4:12cv611-WS

02-14-2014

PHILLIP BAGLEY, Plaintiff, v. CAPT. S. HERRING, C.O. J. DOWNUM, and C.O. A. MURPHY, Defendants

WILLIAM STAFFORD

ORDER ADOPTING THE MAGISTRATE JUDGE'S

SECOND REPORT AND RECOMMENDATION

Before the court is the magistrate judge's second report and recommendation (doc. 51) docketed November 22, 2013. The magistrate judge recommends that the defendants' second motion (doc. 45) to dismiss be granted in part and denied in part. The defendants have filed objections (doc. 52) to the report and recommendation, and the plaintiff has replied (doc. 55) to those objections.

Having reviewed the record in light of the parties' submissions, the court finds that the magistrate judge's second report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge's second report and recommendation (doc. 51) is ADOPTED and incorporated by reference into this order.

2. The defendants' motion to dismiss (doc. 45) is GRANTED as to the plaintiff's First Amendment claim. The motion is otherwise DENIED.

3. The plaintiff's First Amendment claim is DISMISSED for failure to state a claim.

4. The defendants shall have fourteen days to file an answer to the plaintiff's second amended complaint.

5. The clerk shall remand the case to the magistrate judge for further proceedings.

__________

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE