BAXTER v. ADAM

Filing 162

ORDER ON REPORT AND RECOMMENDATION: Adopting 147 Report and Recommendation - 144 Notice of Settlement/Motion for Stipulated Dismissal filed by Plaintiff and KIM W CLARK, A FRANKLIN, DESIRE BENNETT-BLAKE is GRANTED. Claims against Defendants, CLARK, FRANKLIN, and BENNETT-BLAKE are DISMISSED. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE STEPHAN P MICKLE on 5/3/2011. (jws)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIAM CECIL BAXTER,
Plaintiff,
v.

CASE NO.: 4:09-cv-74-SPM-WCS

CLIFFORD ADAM, et al.,
Defendants.
_____________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Fifth Report and Recommendation (doc. 147). The Parties have been afforded
an opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1), and I have conducted a de novo review of the sections of the report to which
objections have been made. Plaintiff filed an objection (doc. 149) that his claims should
not be dismissed pursuant to the Notice of Settlement (doc. 144), as Defendants had
failed to make payment in compliance with the settlement agreement. As payment has
now been made (docs. 150, 159), the Plaintiff’s objection is moot. I find that the Report
and Recommendation is correct and should be adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 147) is
adopted and incorporated by reference into this order.

2.

Plaintiff’s Motion for Stipulated Dismissal (doc. 144) is granted.

3.

The claims against Defendants Clark, Franklin, and Bennett-Blake are
dismissed.

4.

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

DONE AND ORDERED this third day of May, 2011.

s/StephanP.Mickl
s/ Stephan P. Mickle
Stephan P. Mickle
Chief United States District Judge