Tierney
v.
Jones

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISIONSep 4, 2018
4:17cv05-WS/CAS (N.D. Fla. Sep. 4, 2018)

4:17cv05-WS/CAS

09-04-2018

RYAN TIERNEY, as the Personal Representative of the ESTATE OF MICHELLE TIERNEY and on behalf of her survivors, Plaintiff, v. JULIE JONES, in her official capacity as Secretary of the FLORIDA DEPARTMENT OF CORRECTIONS, et al., Defendants.


ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 35) docketed July 26, 2018. The magistrate judge recommends that Defendants' corrected motion for summary judgment (doc. 31) be granted in part. Plaintiff has filed no objections to the report and recommendation.

Having considered the record, the court finds that the magistrate judge's report and recommendation is due to be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 35) is hereby ADOPTED and incorporated by reference into this order.

2. Defendants' corrected motion for summary judgment (doc. 31) is GRANTED as to Count III, which is the lone federal claim asserted in Plaintiff's complaint.

3. The case is REMANDED to the state court from which it came for further proceedings to resolve the issues of state law asserted in Counts I and II.

4. The clerk shall enter judgment as to Count III only, stating: "Count III is dismissed with prejudice."

DONE AND ORDERED this 4th day of September, 2018.

s/ William Stafford


WILLIAM STAFFORD


SENIOR UNITED STATES DISTRICT JUDGE