Tunon-Padron v. Riggins ( 2019 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 19-cv-23146-BLOOM/Reid JUAN TUNON-PADRON, Plaintiff, v. PATRICK LEON RIGGINS, et al., Defendants. / ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon pro se Plaintiff’s Complaint, ECF No. [1], filed pursuant to 42 U.S.C. § 1983, which was previously referred to the Honorable Lisette M. Reid for all preliminary orders and a Report and Recommendation on any dispositive matters. See ECF No. [3]. In the Complaint, Plaintiff asserts a claim for unlawful use of force against Defendants Colonel Patrick Leon Riggins (“Riggins”), Assistant Warden Heron (“Heron”), Lieutenant Thompson (“Thompson”), and Captain John Doe (“John Doe”), a claim for failure to intervene against Defendants Heron, Thompson, and John Doe, a claim for retaliatory falsification of disciplinary reports against Defendants Riggins and Heron, and a punitive damages claim against Defendants Riggins, Heron, Thompson, and John Doe. See generally ECF No. [1]. On August 29, 2019, Judge Reid issued a Report and Recommendation (“Report”) recommending that all of the Plaintiff’s claims should proceed. ECF No. [6], at 12. The Report advised Plaintiff that “[o]bjections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report.” Id. Given that the Report recommends that all of Plaintiff’s claims proceed, the Plaintiff, therefore, has no basis to object. The Court has, Case No. 19-cv-23146-BLOOM/Reid nonetheless, conducted a de novo review of Judge Reid’s Report and the record and is otherwise fully advised. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Reid’s Report to be well reasoned and correct, and agrees with its analysis. Accordingly, it is ORDERED and ADJUDGED as follows: 1. Judge Reid’s Report and Recommendation, ECF No. [6], is ADOPTED. 2. Plaintiff's claims against Defendants Colonel Patrick Leon Riggins, Assistant Warden Heron, Lieutenant Thompson and Captain John Doe may PROCEED. DONE AND ORDERED in Chambers at Miami, Florida, on August 30, 2019. BETH BLOOM UNITED STATES DISTRICT JUDGE Copies furnished to: The Honorable Lisette M. Reid Juan A. Tunon-Padron M48422 Columbia Correctional Institution Inmate Mail/Parcels 216 SE Corrections Way Lake City, FL 32025 PRO SE