Opinion
CASE NO. 03-22823-CIV-UNGARO-BENAGES.
July 28, 2006
ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT
THIS CAUSE is before the Court on Defendants McCray's and Blake's Joint Motions for Summary Judgment (DE 84) and for Default (DE 114). Also before the Court is Defendant Keefe's Motion to Dismiss (DE 103). The matter was referred to Magistrate Judge White, who issued a Report on July 5, 2006 (DE 116) recommending that: (1) Defendants' Joint Motion for Default (DE 114) be denied; (2) Defendants' Joint Motion for Summary Judgment (DE 84) be granted as to all claims; (3) the Amended Complaint be dismissed as to Defendant Keefe in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) and Moreland v. Wharton, 899 F.2d 1168, 1170-71 (11th Cir. 1990); and, (4) Defendant's Motion to Dismiss (DE 103) be denied as moot. No objections have been filed. Accordingly, the Court, having conducted a de novo review of the record and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that the Magistrate Judge's Report (DE 116) is RATIFIED, AFFIRMED AND ADOPTED. It is further
ORDERED AND ADJUDGED that
(1) Defendants McCray's and Blake's Joint Motion for Default (DE 114) is DENIED;
(2) Defendants McCray's and Blake's Joint Motion for Summary Judgment (DE 84) is GRANTED;
(3) As to Defendant Keefe, the Amended Complaint is DISMISSED in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) and Moreland v. Wharton, 899 F.2d 1168, 1170-71 (11th Cir. 1990); and,
(4) Defendant Keefe's Motion to Dismiss (DE 103) is DENIED AS MOOT.
DONE AND ORDERED in Chambers at Miami, Florida.