MARTS ET AL v. MCNESBY ET AL

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATION 43 . Plaintiff's notice of voluntary dismissal 40 is GRANTED to the extent that Plaintiff Sydney Marts is terminated as a Plaintiff in this cause of action, and further, that Plaintiff Sydney Marts' case is DISMISSED without prejudice. The clerk is directed to change the docket to reflect that Plaintiff Sydney Marts is terminated as a Plaintiff in this cause of action. Signed by District Judge M CASEY RODGERS on 11/21/08. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, et al., Plaintiff, vs. RON McNESBY, et al., Defendants. __________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 22, 2008 (Doc. 43). 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 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's notice of voluntary dismissal (Doc. 40) is GRANTED to the extent that Plaintiff Sydney Marts is terminated as a Plaintiff in this cause of action, and further, that Plaintiff Sydney Marts' case is DISMISSED without prejudice. 3. The clerk is directed to change the docket to reflect that Plaintiff Sydney Marts is terminated as a Plaintiff in this cause of action. DONE AND ORDERED this 21st day of November, 2008. Case No.: 3:08cv272/MCR/EMT

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE