JURKOWICH v. MCNEIL

Filing 32

ORDER: The magistrate judge's 25 Report and Recommendation is rejected. The respondent's 19 Motion to Dismiss is DENIED as moot, and this matter is remanded to the magistrate judge for futher proceedings on the amended petition. Signed by CHIEF JUDGE M CASEY RODGERS on 12/6/2011. (djb)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
T.E. JURKOWICH,
Petitioner,
v.

3:10cv189/MCR/CJK

EDWIN G. BUSS,
Respondent.

___________________/
ORDER
This cause comes on for consideration upon the magistrate judge's report and
recommendation, dated July 15, 2011. After the report and recommendation was entered,
the petitioner filed an amended petition (doc. 31), omitting certain unexhausted claims.
Because it appears that the petitioner has no intention of pursuing the unexhausted claims,
the court need not determine whether a stay is warranted in this case. The magistrate
judge’s report and recommendation, therefore, is rejected. The respondent’s motion to
dismiss (doc. 19) also is DENIED as moot, and this matter is remanded to the magistrate
judge for further proceedings on the amended petition.
DONE AND ORDERED this 6th day of December, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE