GAY v. KAYLA SCOTT et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOHN S. GAY,
Plaintiff,
v. Case No. 4:25-cv-53-AW-MAF
CENTURION LLC MEDICAL
COMPANY, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DENYING MOTION TO DISMISS
Plaintiff John Gay, a pro se prisoner, sued Centurion of Florida and two of its
prison nurse employees. Gay alleged Eighth Amendment violations based on a
failure to provide adequate medical care after a stroke. The operative complaint is
the Third Amended (ECF No. 24).
The court earlier adopted the magistrate judge’s report and recommendation
and granted Centurion’s motion to dismiss. ECF No. 104. At issue now is the
individual defendants’ pro se motion to dismiss. ECF No. 82. The magistrate judge
issued a report and recommendation that concluded the court should deny that
motion. ECF No. 109. No party has filed an objection to the report and
recommendation.
Having carefully considered the matter, I now adopt the report and
recommendation and incorporate it into this order. Notwithstanding the individual
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defendants’ contrary arguments, the operative complaint sufficiently states a claim
for deliberate indifference under the Eighth Amendment.
The motion to dismiss (ECF No. 82) is DENIED. The magistrate judge will
conduct further appropriate proceedings.
SO ORDERED on June 4, 2026.
s/ Allen Winsor
Chief United States District Judge
Case 4:25-cv-00053-AW-MAF Document 111 Filed 06/04/26 Page 2 of 2