UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

WILLIAM WAYNE TUCKER,

Plaintiff,

v. Case No. 5:20cv187-TKW-MJF

JULIE L. JONES, et al.,

Defendants.

____________________________/

ORDER

This case1is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 22) and Plaintiff’s objections (Doc. 28). The objections, like 

Plaintiff’s other filings in this case, are inordinately long (245 single-spaced 

paragraphs spanning 34 pages with virtually no left or right margins) and are difficult 

to read because they are handwritten in the equivalent of a 10-point or less font. The 

Court has done its best to discipher the objections, but Plaintiff is cautioned that 

future filings written in this manner may be stricken as illegible.

Based on the Court’s de novo review of the issues raised in the objections

pursuant to Fed. R. Civ. P. 72(b)(3), the Court agrees with the magistrate judge’s 

1

 This case was filed in the Pensacola Division and assigned case number 3:19cv1713-RVEMT, but it was assigned its current case number after being transferred to the Panama City 

Division. See Doc. 26.

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determination that all the claims asserted by Plaintiff due to be dismissed, with the 

exception of certain Eighth Amendment claims against Centurion, Dr. Hosseini, 

Angela Gaskin and Brenda Patterson in “Claim Seven” and “Claim Eight” of the 

Second Amended Complaint. The allegations in these Claims that Plaintiff was 

denied necessary medical treatment (namely Ensure supplement drinks and a 4,000 

calorie diet) because of cost containment polices rather than medical reasons 

distinguishes this case (at least at the initial screening stage) from the recent case in 

which this Court dismissed similar claims made by Plaintiff concerning the alleged 

denial of this treatment at a different prison. See Tucker v. Jones, Case No. 

5:17cv280-TKW-HTC, 2019 WL 4396151, at *8 (N.D. Fla. June 19, 2019), report 

and recommendation adopted by 2019 WL 4394746 (N.D. Fla. Sep. 13, 2019), 

appeal dismissed by 2020 WL 1846984, at *1 (11th Cir. Feb. 13, 2020).

Accordingly, it is ORDERED that:

1. Plaintiff’s objections (Doc. 28) are overruled, and the magistrate judge’s 

Report and Recommendation (Doc. 22) is adopted and incorporated by 

reference in this Order.

2. Plaintiff’s claims against Gilead Sciences, Inc. are DISMISSED without 

prejudice to Plaintiff’s bringing those claims in a separate civil action.

3. Plaintiff’s claims against the remaining Defendants are DISMISSED with 

prejudice pursuant to 28 U.S.C. §1915(e)(2)(B) because they are 

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frivolous, fail to state a claim upon which relief may be granted, and/or 

seek monetary relief against a defendant who is immune from such relief, 

with the exception of the following claims:

a. Plaintiff’s Eighth Amendment claims for declaratory relief and 

monetary damages against Centurion and Dr. Hosseini for failing to 

provide Ensure supplement drinks, as asserted in “Claim Seven” of the 

Second Amended Complaint; and 

b. Plaintiff’s Eighth Amendment claim for declaratory relief against 

Angela Gaskins and Brenda Patterson for discontinuing the 4,000-

calorie prescription diet option, as asserted in “Claim Eight” of the 

Second Amended Complaint. 

4. This case is remanded to the magistrate judge for further proceedings on 

only those claims identified in paragraphs 3.a. and 3.b. above.

DONE and ORDERED this 27th day of July, 2020.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

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