Bell Jr. v. Officer Charles

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-23740-GAYLES/REID

DONALD BELL, JR.,

Plaintiff, v.

OFFICER CHARLES, Correctional Officer,

METRO WEST DETENTION CENTER,

Correctional Facility, and MIAMI-DADE

CORRECTIONS AND REHABILITATION

DEPARTMENT, Headquarter of

Correctional Facility,

Defendants. _________________________________________/

ORDER

THIS CAUSE comes before the Court on Magistrate Judge Lisette M. Reid’s Report and Recommendation (the “Report”), [ECF No. 8], as to Plaintiff Donald Bell, Jr.’s pro se Complaint for Violation of Civil Rights brought under 42 U.S.C. § 1983 (the “Complaint”), filed pursuant to 42 U.S.C. § 1983, [ECF No. 1]. This matter was referred to Judge Reid, pursuant to 28 U.S.C. § 636(b)(1)(B) and S.D. Fla. Admin. Order 2019-2, for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. [ECF Nos. 2 & 3]. On October 21, 2020, Judge Reid issued her Report recommending that Plaintiff’s Complaint proceed against Defendant Officer Charles as to Claim I only and that all claims against Defendants Metro West Detention Center and Miami-Dade Corrections and Rehabilitation Department be dismissed. [ECF No. 8 at 2]. Plaintiff filed timely objections. [ECF Nos. 10 & 11].

A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).

The Court has conducted a de novo review of the Report, the record, and the applicable law. The Court agrees with Judge Reid’s well-reasoned analysis in the Report recommending that Plaintiff’s Complaint proceed against Defendant Officer Charles as to Claim I only and that all claims against Defendants Metro West Detention Center and Miami-Dade Corrections and Rehabilitation Department be dismissed.

Accordingly, it is ORDERED AND ADJUGED as follows:

1. Magistrate Judge Lisette M. Reid’s Report and Recommendation, [ECF No. 8], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.

2. Plaintiff Donald Bell, Jr.’s pro se Complaint, [ECF No. 1], shall PROCEED against Defendant Officer Charles as to Claim 1.

3. Plaintiff Donald Bell, Jr.’s pro se Complaint, [ECF No. 1], is DISMISSED without prejudice as to Defendants Metro West Detention Center and Miami-Dade Corrections and Rehabilitation Department.

4. The U.S. Marshal shall SERVE Plaintiff Donald Bell Jr.’s Complaint for Violation of Civil Rights, [ECF No. 1], Magistrate Judge Lisette M. Reid’s Report and Recommendation, [ECF No. 8], and this Order on Defendant Officer Charles.

DONE AND ORDERED in Chambers at Miami, Florida, this 25th day of February, 2021.

DARRIN P. GAYLES

UNITED STATES DISTR JUDGE cc! Donald Bell Jr.

1603 NW 7th Ave

Miami, FL 33136

PRO SE