The opinion
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 42 U.S.C. § 1983, 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. 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
CASE NO. 20-14393-CIV-CANNON/Reid
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, LLC, 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, 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