Opinion
4:20cv214-MW/MAF
01-13-2022
GEORGE RICHARD MENDOZA, Plaintiff, v. MARK S. INCH, Secretary of the Florida Department of Corrections, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
MARK E. WALKER CHIEF UNITED STATES DISTRICT JUDGE
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 110, and has also reviewed de novo Plaintiff's objections, ECF No. 119. Accordingly, IT IS ORDERED:
The report and recommendation, ECF No. 110, is accepted and adopted, over the Plaintiff's objections, as this Court's opinion. Defendants' Motion to Dismiss, ECF No. 71, is GRANTED in part and DENIED in part. Plaintiff's claims against Defendant Inch are DISMISSED. Plaintiff's excessive force claim against Defendant Cruz is DISMISSED. Plaintiff's request for injunctive relief is DENIED. Plaintiff may proceed on his First Amendment retaliation claim against Defendant Cruz. The Clerk is directed to remand this case to the Magistrate Judge for further proceedings.
SO ORDERED.