Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION Case is dismissed w/o prejudice. Signed by JUDGE RICHARD SMOAK on 1/23/09. (sea)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION CHRISTOPHER DONALD McELWEE, Petitioner, vs. BUREAU OF PRISONS, Respondent. ______________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 16). Petitioner has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. This case is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) because of Petitioner's failure to prosecute and to obey an order of the court. 3. The clerk is directed to close the file. CASE NO. 5:08cv158/RS-AK ORDERED on January 23, 2008. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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