MARTS v. MCNEIL

Filing 11

REPORT AND RECOMMENDATION re 10 MOTION to Dismiss filed by SIDNEY MARTS: It is recommended - That plaintiff Sidney Marts' motion be GRANTED, and that his claims against defendants be dismissed without prejudice. Internal deadline for referral to district judge if objections are not filed earlier: 1/2/2009. Signed by MAGISTRATE JUDGE MILES DAVIS on December 5, 2008. (cc: Marts, Putts) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, JOHNNIE PUTTS, Plaintiffs, vs. WALTER A. MCNEIL, et al., Defendants. Case No. 3:08cv504/WS/MD

REPORT AND RECOMMENDATION This civil rights action is before the court upon referral from the Clerk. On December 3, 2008 plaintiff Sidney Marts filed a motion to voluntarily dismiss his claims (doc. 10). Pursuant to FED.R.CIV.P. 41(a)(1), the motion should be granted. Accordingly, it is respectfully RECOMMENDED: That plaintiff Sidney Marts' motion (doc. 10) be GRANTED, and that his claims against defendants be dismissed without prejudice. At Pensacola, Florida, this 5th day of December, 2008.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).