Castro v. Deputy Stephonson
Castro v. Deputy Stephonson
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 20-61351-CIV-DIMITROULEAS
FELIX CASTRO,
Plaintiff,
vs.
DEPUTY STEPHONSON, et al,
Defendant. _____________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court upon the Report of Magistrate Judge Reid, dated September 29, 2020 (the “Report”) [DE 8]. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, Magistrate Judge Reid’s factual findings in the Report [DE 8] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,
847 F.2d 745, 749-50(11th Cir. 1988), cert. denied,
488 U.S. 958(1988); RTC v. Hallmark Builders, Inc.,
996 F.2d 1144, 1149(11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 8] and record and is otherwise fully advised in the premises. The Court agrees with Magistrate Judge Reid’s recommendations. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Reid’s Report [DE 8] is ADOPTED and APPROVED; 2. The claim against Defendant Stephonson, in his individual capacity, for the unlawful use of force for the incident alleged on October 4, 2019, shall proceed. The state tort claims against Defendant Stephonson, in his individual capacity, for assault and battery, shall proceed. The claims against Defendants Buggs, Font and Peires for failure to protect shall proceed. 4.The claims against Defendants Stephonson, Buggs, Font, and Peires for deliberate indifference to a serious medical need shall proceed. The claims against Defendants Stephonson, Buggs, Font and Peires for mental and emotional injuries shall proceed. The claims against Defendants Stephonson, Buggs, Font and Peires for punitive damages shall proceed. 3. Service will be ordered upon Defendants Stephonson, Buggs, Font, and Peires by separate order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 20" day of October 20, 2020.
f ™ } □ ca “ : “t f ? / — hf. i Zo a 9 V Pts A7 if ase , fs 2 2 LOY Ae Ci L: a VILLIAM P. DIMITROULEAS United States District Judge
Copies furnished to: Counsel of record Felix Castro 571-904-160 Broward County Main Jail Inmate Mail/Parcels Post Office Box 9356 Fort Lauderdale, FL 33310 PRO SE
Reference
- Status
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