PETERS et al v. MCNEIL

Filing 11

REPORT AND RECOMMENDATION - That Pltf's 9 MOTION/Notice of Voluntary dismissal be granted, that this case be dismissed without prejudice, and the clerk be directed to close the file. Signed by MAGISTRATE JUDGE MILES DAVIS on 2/3/2009. Internal deadline for referral to district judge if objections are not filed earlier: 3/3/2009. (laj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION WILLIAM PETERS, Plaintiff, vs. WALT ER A. MCNEIL, et al., Defendants. CASE NO.: 3:08cv551/MCR/MD

REPORT AND RECOMMENDATION This cause is before the court upon a complaint for violation of civil rights filed December 19, 2008 by plaintiffs Sidney Marts and William Peters (doc. 1). Plaintiff Marts filed a motion for voluntary dismissal without prejudice of his claim (doc. 6) which was granted, leaving defendant Peters as the sole plaintiff in this case. Plaintiff Peters has now filed a motion for voluntary dismissal without prejudice (doc. 9) asking for dismissal of his civil rights complaint. Accordingly, it is respectfully RECOMMENDED: That plaintiff Peters' notice of voluntary dismissal (doc. 9) be granted, that this case be dismissed without prejudice, and the clerk be directed to close the file. At Pensacola, Florida, this 3 rd day of February, 2009.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

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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 any objections shall be served upon any 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).

Case No: 3:08cv551/MCR/MD