MILLENDER v. MABUS

Filing 33

ORDER adopting 32 Report and Recommendation. Marlon Millender's motion for substitution (doc. 18 ) is DENIED. Defendant's motion for summary judgment (doc. 26 ) is GRANTED. This action is DISMISSED without prejudice and the clerk is directed to enter judgment accordingly. Signed by CHIEF JUDGE M CASEY RODGERS on November 7, 2012. (pmc)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LARRY J. MILLENDER,
Plaintiff,
v.

Case No.: 3:11cv387/MCR/EMT

RAY E. MABUS,
Defendant.
_____________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 4, 2012 (doc. 32). The parties have been furnished a
copy of the Report and Recommendation and have 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.

Marlon Millender’s motion for substitution (doc. 18) is DENIED.

3.

Defendant’s motion for summary judgment (doc. 26) is GRANTED.

4.

This action is DISMISSED without prejudice and the clerk is directed to

enter judgment accordingly.
DONE AND ORDERED this 7th day of November, 2012.
s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE