SMITH v. USA
Filing
52
ORDER adopting 51 Report and Recommendation. Resp's 44 Motion to Dismiss is GRANTED. The 3 Habeas Petition is DISMISSED as moot. Signed by SENIOR JUDGE LACEY A COLLIER on October 11, 2011. (kvg)
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JAMES ALEXANDER SMITH,
Plaintiff,
vs.
Case No.: 5:10cv85/LAC/EMT
UNITED STATES OF AMERICA,
Defendant.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated September 6, 2011 (doc. 51). The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file objections pursuant to
Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the Report and
Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.
The magistrate judge’s Report and Recommendation is adopted and incorporated by
reference in this order.
2.
Respondent’s motion to dismiss (doc. 44) is GRANTED.
3.
The habeas petition (doc. 3) is DISMISSED as moot.
DONE AND ORDERED this 11th day of October, 2011.
s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
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