FORTSON v. STATE OF FLORIDA

Filing 24

ORDER DENYING MOTION TO DISMISS AND REMANDING TO THE MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS - The report and recommendation 22 is ACCEPTED and adopted as the court's opinion. The respondent's motion to dismiss doc. 19 is DENIED. (Respondent Answer due by 2/8/2010., Petitioner Reply to Answer due by 3/8/2010.) The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 01/08/2010. (dlt)

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

JARVIS FORTSON, Petitioner, v. WALTER McNEIL, Respondent. __________________________/ ORDER DENYING MOTION TO DISMISS AND REMANDING TO THE MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS This case is before the court on the magistrate judge's report and recommendation (document 22). No objections have been filed. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court's opinion. The respondent's motion to dismiss (document 19) is DENIED. The respondent must file an answer by February 8, 2010. The petitioner may file a reply within 30 days after service of the answer. The case is remanded to the CASE NO. 4:08cv489-RH/WCS

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magistrate judge for further proceedings. SO ORDERED on January 8, 2010. s/Robert L. Hinkle United States District Judge

Case No: 4:08cv489-RH/WCS