Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATION: Case is DISMISSED WITHOUT PREJUDICE and all pending motions are DENIED AS MOOT. Signed by CHIEF JUDGE STEPHAN P MICKLE on 10/28/2009. (jws) (Judge's signature inadvertently left off.)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JORGE L. NIEBLA, Plaintiff, vs. RICHARD SMOAK, et al, Defendants. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 3). Plaintiff has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 3) is adopted and incorporated by reference in this order. 2. 3. The case is dismissed without prejudice. All pending motions are denied as moot. CASE NO.: 4:09-cv-372-SPM-WCS DONE AND ORDERED this twenty-eighth day of October, 2009.

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