HAMP v. WILLIAMS

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
BERNARD HAMP,
Plaintiff,
v. 	Case No. 5:24-cv-149-MCR-MJF
CENTURION OF FLORIDA, et al.,
Defendants.
/
ORDER
The Magistrate Judge has issued a Report and Recommendation, ECF No. 39,
on Defendants’ motion to dismiss Plaintiff Bernard Hamp’s Second Amended
Complaint brought under 42 U.S.C. § 1983, ECF No. 36. 	The Magistrate Judge
recommends denying the motion on the Eighth Amendment deliberate indifference
claim against Nurse Tiffany Williams, for her alleged delay in ordering x-rays, and
granting the motion in all other respects due to the failure to state a claim. 	The
parties were furnished a copy of the Report and Recommendation and afforded an
opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). 	Defendant
Williams objects. ECF No. 40.
The Court has conducted a de novo review of the timely filed objections and
concludes 	that 	the 	Report 	and 	Recommendation 	should 	be 	adopted. 	The
undersigned agrees with the Magistrate Judge that the Second Amended Complaint
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states a plausible claim against Williams for delaying the x-rays, given the
allegations that Hamp had suffered five stab wounds in his back and was having
difficulty breathing. This issue should be resolved on a fully developed record.
Accordingly, it is ORDERED:
1. 	The Magistrate Judge’s Report and Recommendation, ECF No. 39, is
ADOPTED and incorporated by reference as the order of the Court, and the
objection, ECF No. 40, is overruled.
2. 	Defendants’ Motion to Dismiss Hamp’s Second Amended Complaint,
ECF No. 36, is DENIED in part, as to the deliberate indifference claim against
Defendant Williams, and GRANTED in part in all other respects.
3. 	The Clerk is directed to refer the case back to the assigned Magistrate
Judge for further proceedings.
DONE AND ORDERED this 19th day of February 2026.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
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