HONG v. MCNEIL

Filing 52

ORDER ON REPORT AND RECOMMENDATION: Adopting 48 Report and Recommendations - Denying w/o prejudice 44 Motion for Summary Judgment. Defendants shall file an answer to Third Amended Complaint w/n 10 days of the date of this Order. Case is remanded to Magistrate Judge for further proceedings. (Answer due by 5/2/2011.). Signed by CHIEF JUDGE STEPHAN P MICKLE on 4/20/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ROBERT LEE HONG, Plaintiff, vs. CASE NO.: 4:10-cv-155-SPM-WCS WALTER MCNEIL, et al., Defendants. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge’s Report and Recommendation (doc. 48). The Parties have been furnished copies and have 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. 48) is adopted and incorporated by reference in this order. 2. Defendants’ first Motion for Summary Judgment (doc. 44) is denied without prejudice. 3. Defendants shall file an answer to the third amended complaint within ten days of the date of this Order. 4. This case is remanded to the Magistrate Judge for further proceedings. DONE AND ORDERED this twentieth day of April, 2011. s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge

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