Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION, case is dismissed w/o prejudice. Signed by JUDGE RICHARD SMOAK on 12/5/08. (sea)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JORGE L. NIEBLA, Plaintiff, vs. JOHN M. PALMER, Defendant. ___________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 7) and Plaintiff's Motion For Reargument Or Reconsideration (Doc. 8), which has been considered de novo as 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 because of Plaintiff's failure to comply with an order of the court. 3. The clerk is directed to close the file. CASE NO. 5:08cv278/RS-MD ORDERED on December 5, 2008. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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