NIEBLA v. WHITEHURST

Filing 6

ORDER adopting 4 Report and Recommendation. This case is dismissed without prejudice. Refiling shall be accompaniedby the payment of the full $350.00 filing fee. Signed by JUDGE RICHARD SMOAK on 9/22/08. (jem)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JORGE L. NIEBLA, Plaintiff, vs. WENDEL WHITEHURST, Defendant. ___________________________________/ ORDER Before me are the Magistrate Judge's Report and Recommendation (Doc. 4) and Plaintiff's Motion To Object (Doc. 5). I have considered Plaintiff's objections de novo. 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. Refiling shall be accompanied by the payment of the full $350.00 filing fee. 3. The clerk is directed to close the file. CASE NO. 5:08cv281/RS-MD ORDERED on September 22, 2008. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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