HAWKINS v. STATE OF FLORIDA

Filing 47

ORDER ADOPTING 43 REPORT AND RECOMMENDATION; DENYING 28 Respondent's Motion to Dismiss. Case is REMANDED to Magistrate for further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL on 2/9/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ANTHONY HAWKINS, Petitioner, v. WALTER McNEIL, Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 43, Report and Recommendation of the Magistrate Judge, which recommends that Respondent's motion to dismiss, Doc. 28, be denied. Respondent has not filed an objection to the Magistrate's Report, and the time to do so has passed. Upon consideration, the Court agrees with the Magistrate that the motion should be denied. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. 3. The Report and Recommendation of the Magistrate Judge, Doc. 43, is ADOPTED and incorporated herein. Respondent's motion to dismiss, Doc. 28, is DENIED. This case is REMANDED to the Magistrate for further proceedings. 9th day of February, 2009 CASE NO. 1:07-cv-00213-MP-AK

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge