Loeper v. Turner County Board of Education et al

Filing 45

ORDER adopting 43 REPORT AND RECOMMENDATIONS re 14 Amended MOTION to quash Purported Service of Process filed by Jere R. Jordan, Turner County Board of Education. The Amended Motion to Quash Purported Services of Process is GRANTED as to Jordan and DENIED as withdrawn as to Turner County. This case is DISMISSED WITHOUT PREJUDICE as to Jordan. Signed by Judge Paul G. Byron on 1/4/2017. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MATTHEW LOEPER, Plaintiff, v. Case No: 6:16-cv-950-Orl-40GJK TURNER COUNTY BOARD OF EDUCATION and JERE R. JORDAN, Defendants. / ORDER This cause is before the Court on Defendants' Amended Motion to Quash Purported Service of Process (Doc. 14) filed on June 10, 2016. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed December 15, 2016 (Doc. 43), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Amended Motion to Quash Purported Service of Process (Doc. 14) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to Jordan, and DENIED as withdrawn as to Turner County. 3. Pursuant to Rules 12(b)(2), (4), and (5), Federal Rules of Civil Procedure, this case is DISMISSED WITHOUT PREJUDICE as to Jordan to allow Plaintiff an opportunity to perfect service on Jordan. DONE AND ORDERED in Orlando, Florida on January 4, 2017. Copies furnished to: Counsel of Record Unrepresented Parties 2

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