O'HARA v. UNIVERSITY OF WEST FLORIDA et al

Filing 39

ORDER granting 27 Motion to Dismiss Third Amended Complaint; adopting 38 Report and RecommendationPlaintiff's third amended complaint is dismissed without prejudice with leave to file the fourth amended complaint with the instructions set out in 38 Report and Recommendation. Plaintiff shall file the fourth amended complaint not later than 30 days from the date of this Order. Failure to comply with this Order will result in dismissal with prejudice. Signed by JUDGE RICHARD SMOAK on 11/5/08. (jem)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SHARON E. O'HARA Plaintiff, vs. UNIVERSITY OF WEST FLORIDA, et al. Defendants. _________________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 38). Plaintiff has not filed objections. CASE NO. 3:07cv351/RS/MD

IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. Defendants' Motion to Dismiss (Doc. 27) is granted. Plaintiff's third amended complaint is dismissed without prejudice with leave to file the fourth amended complaint in accordance with the instructions set out in the Magistrate Judge's Report and Recommendation (Doc. 38). 3. Plaintiff shall file the fourth amended complaint not later than 30 days from the date of this Order.

4.

Plaintiff is advised that failure to fully comply with the terms of this Order will result in dismissal of this action with prejudice.

ORDERED on November 5, 2008.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE