BUTLER v. POTTER

Filing 82

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 81 Report and Recommendation; DENYING 72 Motion to Dismiss.. Signed by CHIEF JUDGE STEPHAN P MICKLE on 5/2/2011. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION GERALD BUTLER, Plaintiff, vs. CASE NO.: 1:07-cv-22-SPM-GRJ JOHN E. POTTER, Defendant. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge’s Report and Recommendation (doc. 81). The Parties have each been mailed a copy and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge’s Report and Recommendation (doc. 81) is adopted and incorporated by reference in this order. 2. Defendant’s Motion to Dismiss (doc. 72) is denied. DONE AND ORDERED this second day of May, 2011. s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge

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