Filing 15

REPORT AND RECOMMENDATION, It is RECOMMENDED that 14 MOTION to Dismiss filed by HEATHER TERRY be GRANTED. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 11/14/08. Internal deadline for referral to district judge if objections are not filed earlier: 12/12/2008. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOHN TERRY, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. __________________________________/ CASE NO. 4:08cv230-RS/WCS REPORT AND RECOMMENDATION This case is before the court upon Plaintiff's motion to dismiss complaint. The Defendant does not oppose the motion. Doc. 14. It is therefore RECOMMENDED that the motion to dismiss be GRANTED and the clerk be directed to enter judgment pursuant to FED. R. CIV. P. 41(a)(ii). IN CHAMBERS at Tallahassee, Florida, on November 14, 2008. s/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE Page 2 of 2 NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations. Case No. 4:08cv230-RS/WCS

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