CHESTNUT v. PETERSEN

Filing 34

ORDER re 32 Objection to R&R filed by GERNARD CHESTNUT, construed as a Motion for Reconsideration, is GRANTED. 31 REPORT AND RECOMMENDATION is VACATED. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 3/7/2012. (jws)

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

GERNARD CHESTNUT,
Plaintiff,
vs.

Case No. 4:11cv225-MP/WCS

CAPT. KIMBERLY PETERSEN,
et al.,
Defendants.
/

ORDER
Plaintiff, proceeding pro se, submitted a sixth amended complaint, doc. 26, and it
was reviewed and deemed sufficient. Plaintiff was directed to submit to the Court
"seven identical copies of his sixth amended complaint for service on the Defendants."
Doc. 27. That order was returned to the Court with a notation that Plaintiff "refused to
sign" for the mail. Doc. 30. A report and recommendation was entered recommending
dismissal for Plaintiff's failure to prosecute. Doc. 31. Plaintiff has filed a document in
response which is construed as a motion for reconsideration. Doc. 32. Plaintiff states
that he received the report and recommendation and asserts he did not refuse to sign
for the mail. Plaintiff contends that jail officials have conspired to delay and tamper with
his legal mail. Doc. 32. Plaintiff has simultaneously provided the service copies with

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the motion for reconsideration. Doc. 33. Thus, the report and recommendation will be
vacated and in a separate order, service will be directed on Plaintiff's behalf.
Accordingly, it is
ORDERED:
1. Plaintiff's objection, doc. 32, construed as a motion for reconsideration, is
GRANTED.
2. The report and recommendation, doc. 31, is VACATED.
DONE AND ORDERED on March 7, 2012.

S/
William C. Sherrill, Jr.
WILLIAM C. SHERRILL, JR.
UNITED STATES MAGISTRATE JUDGE

Case No. 4:11cv225-MP/WCS