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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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.
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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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