HUTCHINSON v. INCH et al

Filing 45

ORDER ACCPETING 39 REPORT AND RECOMMENDATION. The 39 report and recommendation is accepted and adopted, as this Court's opinion. Defendant Islam's Motion to Set Aside Clerk's Default and to Accept Untimely Mo tion to Dismiss, ECF No. 37 , is GRANTED. The Clerk shall vacate the entry of default as to Dr. Nayyer Islam, ECF No. 32 , and Defendant Islam's Motion to Dismiss, ECF No. 38 , shall be considered timely filed. This matter is remanded to the Magistrate Judge for further proceedings. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/14/2020. (rcb)

Case 4:20-cv-00018-MW-MAF Document 45 Filed 10/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
TIANT HUTCHINSON,
D.O.C. #M35104,
Plaintiff,
v.

CASE NO.: 4:20cv18-MW/MAF

DR. A. CORTES,
DR. NAYYER ISLAM,
and DR. A. VARONA,
Defendants.
______________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge’s Report
and Recommendation, ECF No. 39. Upon consideration, no objections having been
filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted, as this Court’s
opinion. Defendant Islam’s Motion to Set Aside Clerk’s Default and to Accept
Untimely Motion to Dismiss, ECF No. 37, is GRANTED. The Clerk shall vacate
the entry of default as to Dr. Nayyer Islam, ECF No. 32, and Defendant Islam’s

Case 4:20-cv-00018-MW-MAF Document 45 Filed 10/14/20 Page 2 of 2

Motion to Dismiss, ECF No. 38, shall be considered timely filed. This matter is
remanded to the Magistrate Judge for further proceedings.
SO ORDERED on October 14, 2020.
s/Mark E. Walker
Chief United States District Judge

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