ARDIS v. DANHEISSER et al

Filing 45

ORDER adopting 41 Report and Recommendation. Pla's federal claims against all Dfts are DISMISSED with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). Any state law claims are DISMISSED without prejudice . The Motion to Strike the Report and Recommendation of the Magistrate Judge (doc. 44) is DENIED. The Clerk of Court is directed to enter judgment accordingly and close the case. Signed by CHIEF JUDGE M CASEY RODGERS on January 10, 2014. Set "1915_2," "1915_3" Flags. (kvg)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ROBERT MICHAEL ARDIS,
Plaintiff,
v.

Case No.: 3:13cv366/MCR/EMT

LAURA DANHEISSER, et al.,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated January 6, 2014 (doc. 41). 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). The Court has made a de
novo determination of any timely filed objections (see doc. 43). Having considered the
Report and Recommendation and the timely filed objections, the Court has determined that
the Report and Recommendation should be adopted.
Also pending is Plaintiff’s Motion to Strike the Report and Recommendation (doc.
44), arguing that consent was not given for a referral to the Magistrate Judge. The motion
will be denied. This case was not referred to the Magistrate Judge for final disposition
pursuant to 28 U.S.C. § 636(c), but for a recommendation under § 636(b), to which the
parties have a right to object and receive the District Court Judge’s de novo review,
pursuant to this Court’s operating procedures. See N.D. Fla. Loc. R. 72.2(E).
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.

Plaintiff’s federal claims against all Defendants are DISMISSED with

prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), (iii).
3.

Any state law claims are DISMISSED without prejudice.

4.

The Motion to Strike the Report and Recommendation of the Magistrate

Judge (doc. 44) is DENIED.
5.

The Clerk of Court is directed to enter judgment accordingly and close the

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case.
DONE AND ORDERED this 10th day of January, 2014.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:03cv497/MCR/EMT