BRANDON v. MCNEIL

Filing 28

ORDER approving Report and Recommendation 26 ; denying 23 Motion to Dismiss; respondent shall address the merits of Pet's claims or assert other procedural defenses not later than thirty days from the date of this Order. Signed by JUDGE RICHARD SMOAK on 3/4/09. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

ROBERT LEE BRANDON, Petitioner, vs. WALT ER A. McNEIL, Respondent. __________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 26) and Respondent's Objection (Doc. 27). I have considered Respondent's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. 3. Respondent's Motion To Dismiss (Doc. 23) is denied. Respondent shall address the merits of Petitioner's claims or assert other procedural defenses not later than thirty days from the date of this Order. CASE NO. 5:08cv234/RS-MD

ORDERED on March 4, 2009.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE