UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION

CASE NO. 20-14393-CIV-CANNON/Reid

JUSTIN W. SETTLE, Plaintiff, v. OFFICER SHWARTZ, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATIONS THIS CAUSE comes before the Court upon the Report and Recommendation of Magistrate Judge Lissette M. Reid (“Report”) [ECF No. 11], entered on February 9, 2021. Plaintiff Justin W. Settle filed a pro se Complaint [ECF No. 1] pursuant to

, alleging deliberate indifference to a serious medical need in violation of his rights under the Eighth Amendment. Plaintiff was permitted to proceed in forma pauperis [ECF No. 4]. In the Report, Magistrate Judge Reid recommends that Plaintiff’s Complaint proceed against Defendants Sergeant Brown, Sergeant Borrow, C.O. Schwartz, and Nurse Clark in their individual capacities for deliberate indifference to Plaintiff’s serious medical needs [ECF No. 11 p. 12]. Magistrate Judge Reid also recommends that Plaintiff’s claim against Defendant C.O. Fanning be dismissed pursuant to § 1915(e)(2)(B)(ii). Plaintiff filed a timely Objection to Magistrate Judge Reid’s recommendation to dismiss Plaintiff’s claim for deliberate indifference to a serious medical need against Defendant C.O. Fanning [ECF No. 14]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

(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 CASE NO. 20-14393-CIV-CANNON/Reid

findings that the party disagrees with.” United States v. Schultz,

(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, LLC,

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

(11th Cir. 2006). The Court, having reviewed the Report, Plaintiff's Objection, the record, applicable law, and being in agreement with the recommendations of Magistrate Judge Reid, hereby ORDERS AND ADJUDGES as follows: 1. Judge Reid’s Report and Recommendation [ECF No. 11] is ADOPTED. 2. Plaintiff's Complaint [ECF No. 1] shall proceed against Defendants Sergeant Brown, Sergeant Borrow, C.O. Schwartz, and Nurse Clark. 3. Plaintiffs claim against Defendant C.O. Fanning is DISMISSED pursuant to § 1915(e)(2)(B)(i1). DONE AND ORDERED in Chambers at Miami, Florida, this 3rd day of March 2021. Le CANNON UNITED STATES DISTRICT JUDGE

ce: Justin W. Settle V08109 Florida State Prison-West Unit PO BOX 800 Raiford, FL 32083 PRO SE