JOINER v. MCDONOUGH
Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATION 26 Report and Recommendation; DENYING 13 Motion to Dismiss filed by JAMES MCDONOUGH. Signed by SENIOR JUDGE MAURICE M PAUL on 9/25/2009. This cause is remanded to the Magistrate Judge for further appropriate proceedings. (kdm)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION KEITH K JOINER, Petitioner, v. JAMES MCDONOUGH, WALTER MCNEIL, Respondents. _____________________________/ ORDER This matter is before the Court on Doc. 26, Report and Recommendation regarding the Response Moving to Dismiss, Doc. 13, filed by James McDonough. After careful analysis of the relevant exhaustion claim, the Magistrate recommended that the Response Moving to Dismiss, which the Court has interpreted as a Motion to Dismiss, be denied. Respondents have filed no objections, and the time for doing so has passed. Finding no plain error, it is hereby ORDERED AND ADJUDGED: 1. 2. 3. The Report and Recommendation of the Magistrate Judge, Doc. 26, is ADOPTED and incorporated herein. The Response Moving to Dismiss, Doc. 13, is DENIED. This cause is remanded to the Magistrate Judge for further appropriate proceedings. 25th day of September, 2009 CASE NO. 1:07-cv-00181-MP-AK
DONE AND ORDERED this
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
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