SCHMIDT v. MCNEIL

Filing 72

ORDER approved 71 REPORT AND RECOMMENDATION, granted 67 Motion to Dismiss. Petition for Writ of Habeas Corpus 1 dismissed w/o prejudice as moot. Motion for Summary Judgment 61 denied as moot. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 6/11/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DANIEL KEVIN SCHMIDT, Petitioner, vs. W ALTER A. McNEIL, Secretary of Florida Department of Corrections, Respondent. ________________________________/ ORDER Before me is Magistrate Judges Report and Recommendation (Doc. 71). Petitioner has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. Respondent's Motion to Dismiss (Doc. 67) is granted. The Petition For W rit Of Habeas Corpus (Doc. 1) is dismissed without prejudice as moot. 3. 4. Petitioner's Motion for Summary Judgment (Doc. 61) is denied as moot. The clerk is directed to close the file. CASE NO. 5:07cv281/RS-MD

ORDERED on June 11, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE