GARCIA v. MCNEIL et al

Filing 260

ORDER adopting 244 Report and Recommendations; DENYING 195 Motion to Certify Class ; DENYING 198 Motion for Preliminary Injunction. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/19/2011. The parties are hereby permitted to file motions for summary judgment within 20 days of the entry of this order. This case is remanded to the Magistrate Judge for further proceedings. (kdm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

FELIX GARCIA,
Plaintiff,
v.

Case No. 4:07cv474-SPM/WCS

EDWIN BUSS,
Defendant.
_____________________________________/
ORDER

This cause comes before the Court for consideration of the Magistrate
Judge’s Fourth Report and Recommendation (doc. 244) which recommends that
Plaintiff’s Motion for Class Certification (doc. 195) and Motion for Preliminary
Injunctive Relief (doc. 198) be denied. Plaintiff has been afforded an opportunity
to file objections pursuant to Title 28, United States Code, Section 636(b)(1).
Plaintiff filed no objections with respect to the Magistrate Judge’s
recommendation to deny the Motion for Class Certification, but did file objections
regarding the recommendation to deny the Motion for Preliminary Injunctive
Relief. Upon consideration, and despite the objections filed by Plaintiff, I have
determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:

1.

The Magistrate Judge’s Report and Recommendation (doc. 244) is
adopted and incorporated by reference into this order; and

2.

Plaintiff’s Motions for Class Certification (doc. 195) and for
Preliminary Injunctive Relief (doc. 198) are denied.

3.

The parties are hereby permitted to file motions for summary
judgment within 20 days of the entry of this order.

4.

This case is remanded to the Magistrate Judge for further
proceedings.

DONE AND ORDERED this 19th day of September, 2011.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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