Filing 31

ORDER ADOPTING 29 REPORT AND RECOMMENDATION - Pltf's 28 Notice of Voluntary Dismissal is GRANTED and this case is DISMISSED without prejudice. Signed by SENIOR JUDGE ROGER VINSON on 1/6/2009. (laj)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DONALD RAFEAL McCISKILL, Plaintiff, vs. OFFICER ROCKY SMITH, Defendant. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 3, 2008 (Doc. 29). Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. Plaintiff's notice of voluntary dismissal (Doc. 28) is GRANTED and this case is DISMISSED without prejudice. DONE AND ORDERED this 6th day of January, 2009. Case No.: 3:08cv61/RV/EMT /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE

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