MARTS v. MCNEIL

Filing 16

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. GRANTING 14 Motion to Dismiss filed by JOHNNIE PUTTS. The plaintiffs' complaint, and this action, are DISMISSED without prejudice. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/12/09. (pll)

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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. 15) docketed January 13, 2009. The magistrate judge recommends that the plaintiff, Johnnie Putts, be dismissed--without prejudice--from this action pursuant to Putts'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. 15) is hereby ADOPTED and incorporated by reference into this order. 2. Putts's motion (doc. 14) for voluntary dismissal is GRANTED. 3. The plaintiffs' complaint, and this action, are DISMISSED without prejudice. 4. The clerk shall enter judgment of dismissal accordingly. 3:08cv504-WS

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DONE AND ORDERED this

12th

day of

February

, 2009.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE