SCHOBERT v. VARONA et al

Filing 16

ORDER OF DISMISSAL - The report and recommendation is accepted and adopted as the court's opinion. The clerk must enter judgment stating, "The complaint is dismissed without prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 2/12/2017. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JIMMY BRIAN SCHOBERT,
Plaintiff,
v.

CASE NO. 4:16cv564-RH/CAS

DR. A. VARONA et al.,
Defendants.
_____________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 11. No objections have been filed.
Although he has not filed objections, the plaintiff did file a notice of appeal,
ECF No. 13, purporting to appeal an order dated February 3, 2017, dismissing the
case. No order was entered on that date. And prior to this order, no order was
entered dismissing the case. The report and recommendation was entered on
November 3, 2016, but it was not an appealable order. In any event, if the plaintiff
intended his notice of appeal to serve as objections to the report and
recommendation under Federal Rule of Civil Procedure 72, the objections would
now be overruled.
Case No. 4:16cv564-RH/CAS

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Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
opinion. The clerk must enter judgment stating, “The complaint is dismissed
without prejudice.” The clerk must close the file.
SO ORDERED on February 12, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:16cv564-RH/CAS