MARTS ET AL v. MCNESBY ET AL

Filing 175

ORDER ADOPTING 168 REPORT AND RECOMMENDATION. Plaintiff Richard Lindsay is terminated as a Plaintiff in this cause of action, and further, that Plaintiff Richard Lindsay's case is DISMISSED without prejudice for failure to comply with an order of the court. The clerk is directed to change the docket to reflect that Plaintiff Richard Lindsay is terminated as a Plaintiff in this cause of action. Thereafter, the clerk shall close this file as there are no remaining plaintiffs to this action. Signed by District Judge M CASEY RODGERS on 4/16/09. (lcu)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHRISTOPHER BANKS, et al., Plaintiffs, vs. RON McNESBY, et al., Defendants. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated March 17, 2009 (Doc. 168). Plaintiff, Richard Lindsay, 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 any timely filed objections. Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted. Acco rdin gly, 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 Richard Lindsay is terminated as a Plaintiff in this cause of action, and further, that Plaintiff Richard Lindsay's case is DISMISSED without prejudice for failure to comply with an order of the court. 3. The clerk is directed to change the docket to reflect that Plaintiff Richard Lindsay is terminated as a Plaintiff in this cause of action. Thereafter, the clerk shall close this file as there are no remaining plaintiffs to this action. DONE AND ORDERED this 16th day of April, 2009. s/ Case No.: 3:08cv272/MCR/EMT M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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