PETTIS v. AUGUSTINE

Filing 28

REPORT AND RECOMMENDATION re 12 Amended Complaint filed by SHERRY DIANE PETTIS, 26 MOTION to Dismiss filed by PAIGE AUGUSTINE - It is recommended Defendant AUGUSTINE'S 26 Motion to Dismiss be GRANTED, and 24 Motion for Summary Judgment be DEEMED MOOT. R&R flag set. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 12/14/2009. Internal deadline for referral to district judge if objections are not filed earlier: 1/11/2010. (jws)

Page 1 of 2

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

SHERRY DIANE PETTIS, Plaintiff, vs. WARDEN PAIGE AUGUSTINE, et al, Defendants. / REPORT AND RECOMMENDATION Defendant Augustine has filed a motion for summary judgment (doc. 24) and recently a motion to dismiss (doc. 26), wherein it is related that Plaintiff informed counsel for Defendant Augustine that she wished to dismiss her claims against this defendant. There has been no response or other objection to the motion. In light of the foregoing, it is respectfully RECOMMENDED that Defendant Augustine's Motion to Dismiss (doc. 26) be GRANTED, and the motion for summary judgment (doc. 24) be DEEMED MOOT. IN CHAMBERS at Gainesville, Florida, this 14th Day of December, 2009. CASE NO. 4:09CV18-RH/AK

s/ A Kornblum ALLAN KORNBLUM 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 14 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

No. 4:09cv18-RH/AK