GREENE v. LEON COUNTY

Filing 82

ORDER ADOPTING 79 REPORT AND RECOMMENDATION; denying 76 MOTION to reopen petition (construed as a Rule 60(b) motion). Signed by JUDGE ALLEN C WINSOR on 6/9/2022. The clerk will change the case style to reflect that Ricky Dixon is substituted as the respondent. See Fed. R. Civ. P. 25(d) (providing for substitution of public officer sued in official capacity). The clerk will close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JEFFREY GREENE,
Petitioner,
v.

Case No. 4:07-cv-401-AW-HTC

RICKY DIXON,
Respondent.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
I have considered the magistrate judge’s May 10, 2022 Report and
Recommendation. ECF No. 79. There has been no objection. I have determined the
Report and Recommendation should be adopted.
Like the magistrate judge, I conclude the “MOTION TO REOPEN
PETITION PUR. TO. RULE (1.540.(A)(B)(3) RELIEF FROM JUDGEMENT
[sic]” is best construed as a motion for relief from judgment under Rule 60(b). And
like the magistrate judge, I conclude it must be denied.
One of the several bases on which the magistrate judge based the
recommendation was that Greene had not served the respondent. Through an
amended “motion to reopen,” it appears Greene may have now done so. See ECF
No. 80. But even if this cured the service issue, it does not change the outcome
because the amended motion still fails for the other reasons the magistrate judge
explained.
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It is now ORDERED:
1.

The Report and Recommendation (ECF No. 79) is adopted and

incorporated into this order.
2.

The Petition (construed as a Rule 60(b) motion) (ECF No. 76) is

DENIED.
3.

The clerk will change the case style to reflect that Ricky Dixon is

substituted as the respondent. See Fed. R. Civ. P. 25(d) (providing for substitution
of public officer sued in official capacity).
4.

The clerk will close the file.

SO ORDERED on June 9, 2022.
s/ Allen Winsor
United States District Judge

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