Sussman v. Metcalf et al

Middle District of Florida, flmd-8:2017-cv-00186

ORDER ON REPORT AND RECOMMENDATION - The {{62}} report and recommendation is ACCEPTED and adopted as the court's opinion. The motion to dismiss, ECF No. {{52}} is granted in part and denied in part, as set out in the report and recommendation. I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b). The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 3/28/2016. (vkm)[Transferred from flnd on 1/24/2017.]

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PageID 548 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DAVID C. SUSSMAN, Plaintiff, v. CASE NO. 4:14cv619-RH/CAS C. METCALF, and ASST. WARDEN CUMBIE, Defendants. _______________________________/ ORDER ON REPORT AND RECOMMENDATION This case is before the court on the magistrate judge's report and recommendation, ECF No. 62, and the objections, ECF No. 63. I have reviewed de novo the issues raised by the objections. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court's opinion. The motion to dismiss, ECF No. 52 is granted in part and denied in part, as set out in the report and recommendation. I do not direct the entry of judgment Case No. 4:14cv619-RH/CAS PageID 549 Page 2 of 2 under Federal Rule of Civil Procedure 54(b). The case is remanded to the magistrate judge for further proceedings. SO ORDERED on March 28, 2016. s/Robert L. Hinkle United States District Judge Case No. 4:14cv619-RH/CAS