RICKS v. SPROUSE

Filing 10

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. This case is DISMISSED and is remanded to the Florida First District Court of Appeals. Other pending motions are denied as moot. Signed by JUDGE RICHARD SMOAK on 5/7/2012. (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION CAROL P. RICKS, Plaintiff, vs. CASE NO. 5:12-cv-80/RS/EMT GAYOLA SPROUSE, Defendant. _________________________________________ / ORDER U Before me are the Magistrate Judge’s Report and Recommendation (Doc. 4) and Defendant’s Objections (Doc. 7). I have considered the objections de novo. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is adopted and incorporated by reference in this Order except to the extent that it incorrectly states that Defendant failed to pay the filing fee. The payment of the filing fee does not affect the Report’s conclusions about subject matter jurisdiction. 2. This case is DISMISSED and is remanded to the Florida First District Court of Appeals. 3. Other pending motions are denied as moot. ORDERED on May 7, 2012. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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