BYRD v. CRUZ et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KEITH BYRD,
Plaintiff,
v. Case No. 3:25-cv-785-TKW-ZCB
T. DUDLEY, et al.,
Defendant.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 11) and Plaintiff’s response (Doc. 12). The response states
that “Plaintiff agrees with the magistrate judge’s decision.” The Court does as well.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. Plaintiff’s Eighth Amendment claims against Defendants J. Smith, M.
Morgan, and T. Dudley are DISMISSED for failure to state a claim upon which
relief may be granted under 28 U.S.C. §1915(e)(2)(B)(ii). The Clerk shall terminate
those defendants in CM/ECF.
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3. This case is returned to the magistrate judge for further proceedings on
Plaintiff’s Eighth Amendment excessive force and failure to protect claims against
Defendants Officer Cruz and Sgt. Barret.
DONE AND ORDERED this 23rd day of February, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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