EVANS v. STATE OF FLORIDA DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT

Filing 8

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. The removal is DISMISSED as improper and the clerk is directed to REMAND this case to the Circuit Court for Okaloosa County, Florida. Signed by District Judge M CASEY RODGERS on 1/28/10. (lcu) Certified copy mailed to Okaloosa County Clerk in Crestview, FL (County case number: 2009 DR 5489)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MICHAEL A. EVANS, Plaintiff, vs. Case No. 3:09cv467/MCR/EMT

STATE OF FLORIDA DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT, Defendant. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 4, 2009. (Doc. 5). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and

incorporated by reference in this order. 2. The removal is DISMISSED as improper and the clerk is directed to REMAND

this case to the Circuit Court for Okaloosa County, Florida. DONE AND ORDERED this 28th day of January, 2010.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE