WALLACE v. BENEFIELD et al

Filing 7

ORDER OF DISMISSAL - The plaintiff's objection to the magistrate judge's 5 report and recommendation, construed as a motion for voluntary dismissal under Fed. R. Civ. P. 41(a)(1), is GRANTED. The clerk shall enter judgment stating: "All claims are DISMISSED WITHOUT PREJUDICE." Signed by SENIOR JUDGE WILLIAM STAFFORD on 7/24/2017. (tdl)

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

JOE LEWIS WALLACE, JR.,
Plaintiff,
v.

4:17cv284-WS/CAS

SERGEANT D. BENEFIELD, et al.,
Defendants.

ORDER OF DISMISSAL
Before the court is the magistrate judge's report and recommendation (doc.
5) docketed July 7, 2017. The magistrate judge recommends that this action be
transferred to the United States District Court for the Middle District of Florida,
Jacksonville Division.
The plaintiff has filed objections (doc. 6) to the report and recommendation,
stating that he is “not in any position to carry on in this case” and wants to “close
this Case No. 4:17cv284–WS/CAS.” The court construes the plaintiff’s objections
as a motion for voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1).
The court having reviewed the record, it is ORDERED:

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1. The plaintiff’s objection to the magistrate judge’s report and
recommendation, construed as a motion for voluntary dismissal under Fed. R. Civ.
P. 41(a)(1), is GRANTED.
2. The clerk shall enter judgment stating: "All claims are DISMISSED
WITHOUT PREJUDICE."
DONE AND ORDERED this

24th

day of

July

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE