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- flsd;;4:16-cv-10080_de17 RegisterActionDate "2017-02-27" @default.
- flsd;;4:16-cv-10080_de17 RegisterActionDescriptionText "PAPERLESS ORDER ADOPTING REPORT AND RECOMMENDATION. THIS CAUSE is before the Court upon Plaintiff 56DF277 pro se civil rights action instituted pursuant to 42 U.S.C. ยง 1983 1 . The Court referred this matter to the Honorable Patrick A. White, United States Magistrate Judge, for report and consideration. Plaintiff filed no objections to the Report and Recommendation and the time in which to do so has passed. The matter is now ripe for review. In the Report and Recommendation 6 , Judge White recommends that: (1) the retaliation claim proceed against Lieutenant Silvers; (2) the Fourth Amendment claim proceed against Lieutenant Silvers and Officer Alphonso but be dismissed as frivolous as to Sergent Rice, Officer Paza, Officer Grimm, and the two John Doe jail guards; (3) the Eighth Amendment infliction of unnecessary pain claim proceed against Lieutenant Silvers and Officer Alphonso but be dismissed as frivolous as to Sergeant Rice, Officer Paza, Officer Grimm, and the two John Doe jail guards; (4) the Eighth Amendment deliberate indifference claim for failure to examine and treat Plaintiff's head injury proceed against Dr. Chen in her individual capacity; and (5) the Eighth Amendment deliberate indifference claim for failure to diagnose and treat Plaintiff's eye problem be dismissed against Dr. Chen in her official and individual capacity, and against Armor Correctional, Inc., for failure to state a claim. Accordingly, upon consideration of the Complaint 1 , the Report 6 , and after a de novo review of the record, it is hereby ORDERED AND ADJUDGED that the Report and Recommendation 6 is ADOPTED, with the following alterations: (1) on p.11, the first sentence of the second paragraph should read "The Eleventh Circuit in Powell, interpreted the decision in Bell to mean..."; (2) on p. 16, the first sentence of the last paragraph should read "Plaintiff has alleged..."; (3) on p. 16, the second sentence of the last paragraph should read: "Plaintiff's allegations that he fell from five feet onto the concrete floor"; and (4) on p. 18, the last sentence should read "Although Plaintiff claims that Dr. Chen did not diagnose his condition...". Signed by Chief Judge K. Michael Moore on 2/27/2017. (mll) (Entered: 02/27/2017)" @default.
- flsd;;4:16-cv-10080_de17 AdministrativeID "18" @default.
- flsd;;4:16-cv-10080_de17 hasJudgeReference SJ003686 @default.
- flsd;;4:16-cv-10080_de17 hasJudgeReference SJ003730 @default.
- flsd;;4:16-cv-10080_de17 hasReferenceToOtherEntry flsd;;4:16-cv-10080_de0 @default.
- flsd;;4:16-cv-10080_de17 hasReferenceToOtherEntry flsd;;4:16-cv-10080_de5 @default.