LYONS v. MCDONOUGH

Filing 17

ORDER ADOPTING IN PART 15 REPORT AND RECOMMENDATION re 12 MOTION to Dismiss filed by JAMES MCDONOUGH - DENIED. ( Answer due by 1/5/2009.) Signed by SENIOR JUDGE MAURICE M PAUL on 12/4/2008. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION KEVIN LYONS, Petitioner, v. JAMES MCDONOUGH, Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 15, Report and Recommendation of the Magistrate Judge, which recommends that Respondent's Motion to Dismiss, Doc. 12, be denied. The Magistrate issued the Report on Thursday, November 13, 2008. The parties have been furnished a copy of the Report and have been afforded an opportunity to file objections. Respondent has filed an objection at Doc. 16. Pursuant to Title 28, United States Code, Section 636(b)(1), this Court must make a de novo review of those portions to which an objection has been made. In this instance, Respondent does not object to the Magistrate's conclusion that Respondent's Motion to Dismiss, Doc. 12, is without merit--a conclusion with which the Court agrees. Instead, Respondent objects only to the Magistrate's recommendation that it be required to file an answer within 15 days of the date the Court enters an order adopting the Report. Respondent insists in its objection that it is understaffed and would be unable to comply with any such order. Respondent also argues that a 15-day deadline would amount to an unwarranted sanction and asks that the Court provide at least 60 days for Respondent to file its answer. The Court sympathizes with Respondent's position but finds that, given the delay caused CASE NO. 4:07-cv-00369-MP-WCS

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by Respondent's motion, a shorter deadline of 30 days is appropriate to protect the interests of the petitioner in this case. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. 3. The Report and Recommendation of the Magistrate Judge, Doc. 15, is adopted in part and incorporated herein. Respondent's Motion to Dismiss, Doc. 12, is DENIED. Respondent is ordered to file its answer by 5:00 p.m. on Monday, January 5, 2009. 4th day of December, 2008

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:07-cv-00369-MP-WCS