Powers v. Naiman et al

Filing 32

ORDER granting 27 Motion for Leave to File, Defendants shall file their corrected motion to dismiss within 21 days; denying as moot 30 Motion for leave to proceed in forma pauperis/affidavit of indigency; terminating 11 motion to dismiss; te rminating 20 motion to dismiss; overruling objections to Report and Recommendation; adopting in part Report and Recommendation re 22 Report and Recommendation, adopted and affirmed except for pages 9-11 of the Report and Recommendation concerning the RLUIPA issue, which the Court does not adopt; dismissing Defendant Neel without prejudice. Signed by Judge Timothy J. Corrigan on 2/11/2013. (LDO)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

CLINTON LEE POWERS,
Plaintiff,
v.

Case No. 3:12-cv-393-J-99TJC-TEM

NAIMAN, etc.; et al.,
Defendants.

ORDER
This cause is before the Court upon Defendant Neel's Motion to
Dismiss Complaint (Doc. #11).

This matter was considered by the

United States Magistrate Judge pursuant to 28 U.S.C. § 636.

The

Magistrate Judge filed a Report and Recommendation (Doc. #22) on
November 5, 2012, recommending the granting of Defendant Neel's
Motion to Dismiss Complaint and the dismissal of Defendant Neel.
The Magistrate Judge informed Plaintiff that, within fourteen (14)
days

after

being

served

with

a

copy

of

the

Report

and

Recommendation, he may serve and file specific written objections
to

the

proposed

findings

and

recommendations.

Furthermore,

Plaintiff was advised that a judge of the court would make a de
novo determination of those portions of the report or specified
proposed findings or recommendations to which objection was made.
Plaintiff

filed

Written

Recommendation (Doc. #24).

Objections

to

Report

and

The Written Objections to Report and

Recommendation will be overruled.
Upon

consideration

of

the

Magistrate

Judge's

Report

and

Recommendation and upon this Court's independent examination, it is
ORDERED:
1.

That

Petitioner's Written Objections to Report and

Recommendation (Doc. #24) are overruled.
2.

That the Magistrate Judge's Report and Recommendation

(Doc. #22), filed herein on November 5, 2012, is hereby adopted and
affirmed and made a part hereof, except for pages 9-11 of the
Report and Recommendation concerning the RLUIPA issue, which the
Court does not adopt.
3.

That Defendant Neel is DISMISSED without prejudice from

this action.
4.

Defendants' December 13, 2012, Motion for Leave to File

Corrected Motion to Dismiss Pursuant to 42 U.S.C. § 1997e(a) (Doc.
#27) is GRANTED, and Defendants shall file their Corrected Motion
to Dismiss within TWENTY-ONE (21) DAYS from the date of this order.
5.

The Clerk shall terminate Defendants Naiman and Adams'

November 2, 2012, Motion to Dismiss Pursuant to 42 U.S.C. §
- 2 -

1997e(a) (Doc. #20).
6.

Plaintiff's January 3, 2013, Motion for Permission to

Appeal In Forma Pauperis (Doc. #30) is DENIED AS MOOT.

See the

Eleventh Circuit Opinion of January 25, 2013 (Doc. #31).
DONE AND ORDERED at Jacksonville, Florida, this 11th day of
February, 2013.

sa 1/29
c:
The Honorable Thomas E. Morris
United States Magistrate Judge
Clinton Lee Powers
Ass't A.G. (Stubbs)

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