SILFRAIN v. EIECHENLAUB

Filing 19

REPORT AND RECOMMENDATION re 16 MOTION to Dismiss filed by PATRICK SILFRAIN: It is recommended - That Petitioner's "Motion to Withdraw § 2241 Motion Without Prejudice" be Granted and this action dismissed without prejudice. -- R&R flag set. - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 2, 2009.- - Internal deadline for referral to district judge if objections are not filed earlier: 10/30/2009. (cbj)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION PATRICK SILFRAIN, Petitioner, vs. C. EIECHENLAUB, Respondent. _______________________________________/ REPORT AND RECOMMENDATION This matter is before the court on Petitioner's "Motion to Withdraw § 2241 Motion Without Prejudice" (Doc. 16). Respondent has filed a response to the motion indicating he has no objection to such dismissal (Doc. 18). Accordingly, it is respectfully RECOMMENDED: That Petitioner's "Motion to Withdraw § 2241 Motion Without Prejudice" (Doc. 16) be GRANTED and this action dismissed without prejudice. At Pensacola, Florida, this 2nd day of October 2009. Case No. 5:09cv228/RH/EMT /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE Page 2 of 2 NOTICE TO THE PARTIES Objections to these proposed findings and recommendations may be filed within ten (10) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon the magistrate judge and all 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). Case No.: 5:09cv228/RH/EMT

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