ZHAO v. CHERTOFF

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION; GRANTING with prejudice 21 Motion to Dismiss by MICHAEL CHERTOFF, EMILIO T GONZALEZ, EVELYN UPCHURCH, MICHAEL B MUKASEY, ROBERT MULLER, III; AND 13 Motion to Dismiss is DENIED as moot. Signed by SENIOR JUDGE MAURICE M PAUL on 10/10/2008. (jws) Modified on 10/20/2008 to clarify text.(jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION XUEYING ZHAO, Plaintiff, v. MICHAEL CHERTOFF, et al., Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 22, Report and Recommendation of the Magistrate Judge, recommending that Defendants' motion to dismiss based on mootness and lack of case or controversy be granted. The Magistrate issued the Report and Recommendation on Monday, September 8, 2008. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), this Court must make a de novo review of those portions of the Report to which an objection has made. In this instance, however, Plaintiff has not filed an objection, and the time to do so has passed. Nevertheless, the Court has reviewed the evidence attached to Defendants' motion and agrees with the Magistrate that the relief sought by CASE NO. 1:08-cv-00022-MP-AK

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Plaintiff has already been granted. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. 3. The Report and Recommendation of the Magistrate, Doc. 22, is adopted and incorporated herein. The motion to dismiss, Doc. 21, is GRANTED, and this cause is DISMISSED WITH PREJUDICE. The motion to dismiss, Doc. 13, is DENIED as moot. 10th day of October, 2008

DONE AND ORDERED this

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

Case No: 1:08-cv-00022-MP-AK