MARTS v. HALLEY

Filing 6

REPORT AND RECOMMENDATION - That pla's 5 Notice/MOTION 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 12/2/2009. **Internal deadline for referral to district judge if objections are not filed earlier: 12/30/2009. (R&R flag set) (laj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, Plaintiff, vs. CHARLES HALLEY, et al., Defendants. CASE NO.: 3:09cv451/MCR/MD

REPORT AND RECOMMENDATION This cause is before the court upon a complaint for violation of civil rights filed October 14, 2009 by plaintiff (doc. 1). Plaintiff has now filed a notice of voluntary dismissal without prejudice (doc. 5) asking for dismissal of his civil rights complaint. Accordingly, it is respectfully RECOMMENDED: That plaintiff's notice of voluntary dismissal (doc. 5) be granted, that this case be dismissed without prejudice, and the clerk be directed to close the file. At Pensacola, Florida, this 2nd day of December, 2009.

/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 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).