Pettis v. Augustine et al.

Filing 32

ORDER DISMISSING CLAIMS AGAINST DEFENDANT AUGUSTINE. ACCEPTING 28 REPORT AND RECOMMENDATION. DENYING AS MOOT 24 Motion for Summary Judgment. GRANTING 26 Motion to Dismiss. All claims against Ms. Augustine are voluntarily dismissed without prejudice. The case is remaneded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 2/1/2010. (pll) [Transferred from flnd on 3/9/2010.]

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

SHERRY DIANE PETTIS, Plaintiff, v. WARDEN PAIGE AUGUSTINE, et al., Defendants. _______________________________/ ORDER DISMISSING CLAIMS AGAINST DEFENDANT AUGUSTINE This case is before the court on the magistrate judge's report and recommendation (document 28). No objections have been filed. Based on the defendant Paige Augustine's motion to dismiss, the plaintiff's failure to respond, and the plaintiff's failure to respond to the report and recommendation, it appears that the plaintiff wishes to abandon--that is, to voluntarily dismiss--her claims against Ms. Augustine. Accordingly, IT IS ORDERED: 1. The report and recommendation is ACCEPTED and adopted as the court's opinion. CASE NO. 4:09cv18-RH/AK

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2. Ms. Augustine's motion to dismiss (document 26) is GRANTED. All claims against her are voluntarily dismissed without prejudice. I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b). 3. Ms. Augustine's motion for summary judgment (document 24) is DENIED AS MOOT. 4. The case is remanded to the magistrate judge for further proceedings. SO ORDERED on February 1, 2010. s/Robert L. Hinkle United States District Judge

Case No: 4:09cv18-RH/AK