SMITH v. UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF PRISONS

Filing 48

ORDER ADOPTING THE MAGISTRATE JUDGES 45 REPORT AND RECOMMENDATION. Denying as moot 17 Motion for Summary Judgment. Granting 19 Motion to Dismiss. UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF PRISONS terminated. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/15/12. (pll)

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

ELIZABETH BOYETT SMITH,
Plaintiff,
v.

4:11cv564-WS

UNITED STATES DEPARTMENT
OF JUSTICE, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc. 45)
docketed October 11, 2012. The magistrate judge recommends that the motion to
dismiss (doc. 19) filed by the Department of Justice be granted. No objections to the
report and recommendation have been filed.
The court has reviewed the record and has determined that the magistrate
judge's report and recommendation should be adopted. Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 45) is hereby
ADOPTED and incorporated by reference in this order.
2. The motion to dismiss (doc. 19) filed by the United States Department of
Justice, Bureau of Prisons, is GRANTED.
3. The United States Department of Justice, Bureau of Prisons, is hereby
DISMISSED from this action.

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4. The motion for summary judgment (doc. 17) filed by the United States
Department of Justice is DENIED as moot.
5. The case is REMANDED to the magistrate judge for further proceedings.
DONE AND ORDERED this

15th

day of

November

, 2012.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT
JUDGE