CROSS v. TUCKER

Filing 10

ORDER DISMISSING PETITION - The report and recommendation is ACCEPTED IN PART. The plaintiff's motion to voluntarily dismiss, ECF No. 8 , is GRANTED. The defendant's motion to dismiss, ECF No. 5 , is DENIED AS MOOT. The clerk must enter judgment stating," The petition is DISMISSED without prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 5/25/2013. (tdl)

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

JAMES M. CROSS,
Petitioner,
v.

CASE NO. 4:13cv13-RH/GRJ

SECRETARY, DEPARTMENT OF
CORRECTIONS,
Respondent.
_____________________________/
ORDER DISMISSING PETITION
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 9. No objections have been filed. Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED IN PART. The plaintiff’s
motion to voluntarily dismiss, ECF No. 8, is GRANTED. The defendant’s motion
to dismiss, ECF No. 5, is DENIED AS MOOT. The clerk must enter judgment
stating, “The petition is DISMISSED without prejudice.” The clerk must close the
file.
SO ORDERED on May 25, 2013.
s/Robert L. Hinkle
United States District Judge
Case No. 4:13cv13-RH/GRJ