RUIZ v. ALDRIDGE

Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JULIO RODRIGUEZ RUIZ,
Plaintiff,
v. Case No. 3:24-cv-260-TKW-ZCB
BEAU ANTHONY ALDRIDGE,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 76). No objections were filed.1
Upon due consideration of the Report and Recommendation and the case file,
the Court agrees with the magistrate judge’s determination that Defendant’s motion
to dismiss should be denied because the complaint does not assert a state medical
malpractice claim and the Eighth Amendment deliberate indifference claim that is
asserted in the complaint is adequately pled. Accordingly, it is
ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
1 Plaintiff filed a “response” to the Report and Recommendation (Doc. 80), but he stated
in that filing that he agreed with the magistrate judge’s rulings.
Case 3:24-cv-00260-TKW-ZCB Document 81 Filed 06/18/26 Page 1 of 2

Page 2 of 2
2. Defendant’s motion to dismiss (Doc. 49) is DENIED.
3. This case is returned to the magistrate judge for further pretrial
proceedings on the Eighth Amendment claim.
DONE AND ORDERED this 18th day of June, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Case 3:24-cv-00260-TKW-ZCB Document 81 Filed 06/18/26 Page 2 of 2