CONNELL v. TUCKER
Filing
7
ORDER adopting the magistrate judge's 3 Report and Recommendation. Class certification is DENIED and plaintiffs' complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff Anthony Dale Evans' Motion for Leave to Proce ed In Forma Pauperis (Doc. 4 ) and Plaintiff Timothy Alan Connell's Motion to Appoint Counsel (Doc. 5 ) are DENIED without prejudice in light of the instant Order. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 11/8/2011. (djb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TIMOTHY ALAN CONNELL
ANTHONY DALE EVANS
EUGENE SHAKUR HALL
KENNETH TOMBERLIN WILDBURGER,
Plaintiffs,
vs.
Case No. 3:11cv470/LAC/CJK
KEN TUCKER, et al.,
Defendants.
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 5, 2011. (Doc. 3). 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 objections filed.
Having considered the Report and Recommendation, and the timely filed
objections thereto, 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.
Class certification is DENIED and plaintiffs’ complaint is DISMISSED
WITHOUT PREJUDICE.
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3.
Plaintiff Anthony Dale Evans’ Motion for Leave to Proceed In Forma
Pauperis (Doc. 4) and Plaintiff Timothy Alan Connell’s Motion to Appoint Counsel
(Doc. 5) are DENIED without prejudice in light of the instant Order.
4.
The clerk is directed to close the file.
ORDERED on this 8th day of November, 2011.
s/L.A. Collier
Lacey A. Collier
Senior United States District Judge
Case No: 3:11cv470/LAC/CJK
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