Filing 20

ORDER ADOPTING 17 REPORT AND RECOMMENDATION - granting 16 Motion to Dismiss, Motion to Stay filed by GILBERT RODRIGUEZ VEGA construed as notice of voluntary dismissal; case is dismissed w/o prejudice. Signed by JUDGE RICHARD SMOAK on 6/5/09. (sea)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION GILBERT RODRIQUEZ VEGA, Plaintiff, vs. APALACHEE CORRECTIONAL INSTITUTION; CAPTAIN O'BRIEN; and CAPTAIN CLEMMONS, Defendants. _____________________________________/ ORDER Before me is Magistrate Judge's Report and Recommendation (Doc. 17). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. Plaintiff's Motion To Stay Proceedings Or In the Alternative Dismiss Action Without Prejudice (Doc. 16), which will be construed as a notice of voluntary dismissal, is granted. 3. 4. This case is dismissed without prejudice. The clerk is directed to close the file. CASE NO. 5:09cv17/RS-EMT ORDERED on June 5, 2009. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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