LOWRY v. STATE OF FLORIDA

Filing 6

ORDER adopting Magistrate Judge's 5 REPORT AND RECOMMENDATION. Petitioner's motion to voluntarily dismiss his petition, ECF No. 4 , is GRANTED. This case is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(a)(1)(A)(i). Clerk shall close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 10/31/2017. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SHAWN LOWRY,
Petitioner,
v.

CASE NO. 3:17cv654/MCR/CJK

MIKE CARROLL,
Respondent.
_________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated October 2, 2017. ECF No. 5. Petitioner 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). I have made a de novo determination of those portions to which an
objection has been made.
Having considered the Report and Recommendation and all objections
thereto timely filed, I have determined that the Report and Recommendation
should be adopted.

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Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation, ECF No. 5, is
adopted and incorporated by reference in this Order.
2. Petitioner’s motion to voluntarily dismiss his petition, ECF No. 4, is
GRANTED.
3. This case is DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P.
41(a)(1)(A)(i).
4. The clerk shall close the file.
DONE AND ORDERED this 31st day of October, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:17cv654/MCR/CJK