BUTLER v. MIDLAND FUNDING et al

Filing 37

ORDER adopting the Magistrate Judge's 28 Report and Recommendation. Defendants Midland Funding LLC and Tim Bolands 14 Motion to Dismiss is GRANTED and Plaintiff's claims against MIDLAND FUNDING, and TIM BOL AND are DISMISSED WITHOUT PREJUDICE. Defendant Great Lakes Educational Loan Services, Inc.'s 20 Motion to Dismiss is GRANTED and plaintiff's claims against GREAT LAKES are DISMISSED WITHOUT PREJUDICE. Plaintiff shall have 30 days to file a second amended complaint. Signed by CHIEF JUDGE M CASEY RODGERS on 1/10/2018. (djb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CARNELL BUTLER, Plaintiff, v. CASE NO. 3:17cv422-MCR-CJK MIDLAND FUNDING, et al., Defendants. ___________________________/ ORDER This cause comes on for consideration upon the Magistrate Judge’s Report and Recommendation dated December 11, 2017. ECF No. 28. 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. Page 2 of 2 2. Defendants Midland Funding LLC and Tim Boland’s motion to dismiss, ECF No. 14, is GRANTED and plaintiff’s claims against Midland Funding and Boland are DISMISSED WITHOUT PREJUDICE. 3. Defendant Great Lakes Educational Loan Services, Inc.’s motion to dismiss, ECF No. 20, is GRANTED and plaintiff’s claims against Great Lakes are DISMISSED WITHOUT PREJUDICE. 4. Plaintiff shall have 30 days to file a second amended complaint. Plaintiff’s claims against defendants Midland Funding LLC, Tim Boland, and Great Lakes Educational Loan Services, Inc., will be dismissed with prejudice if plaintiff does not file a second amended complaint. DONE AND ORDERED this 10th day of January 2018. M. Casey Rodgers s/ M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:17cv422-MCR-CJK

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