MARTS v. MCNEIL

Filing 13

ORDER ADOPTING 11 THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING 10 Motion to Dismiss filed by SIDNEY MARTS. Signed by SENIOR JUDGE WILLIAM STAFFORD on 01/05/2009. (krb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

SIDNEY MARTS and JOHNNIE PUTTS, Plaintiffs, v. WALTER A. MCNEIL, et al., Defendants. ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (doc. 11) docketed December 5, 2008. The magistrate judge recommends that the plaintiff, Sidney Marts, be dismissed--without prejudice--from this action pursuant to Marts's motion for voluntary dismissal. No objections to the magistrate judge's report and recommendation have been filed. Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 11) is hereby ADOPTED and incorporated by reference into this order. 2. Marts's motion (doc. 10) for voluntary dismissal is GRANTED. 3. Marts is DISMISSED, without prejudice, as a plaintiff in this action. 3:08cv504-WS

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DONE AND ORDERED this

5th

day of

January

, 2009.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE