VINEYARD v. ASTRUE

Filing 14

REPORT AND RECOMMENDATION - Re: 1 Complaint - That Pltf's 13 MOTION to Dismiss Complaint be GRANTED pursuant to Fed. R. Civ. P. 41(a)(2), and that this cause b e DISMISSED without prejudice. Signed by MAGISTRATE JUDGE MILES DAVIS on 12/9/2008. Internal deadline for referral to district judge if objections are not filed earlier: 1/6/2009. (laj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION COLLEEN VINEYARD, Plaintiff, v. No: 5:08cv231/RH/MD

MICHAEL J. ASTRUE, Commis si oner of Social Security, Defendant. _______________________________________________________________________ REPORT AND RECOMMENDATION Plaintiff has filed a motion to dismiss complaint and represents that defendant does not object (doc. 13). Accordingly, it is respectfully RECOMMENDED that plaintiff's motion to dismiss complaint (doc. 13) be GRANTED pursuant to Fed. R. Civ. P. 41(a)(2), and that this cause be DISMISSED without prejudice. At Pensacola, Florida this 9th day of December, 2008.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).