Filing 8

ORDER APPROVING 6 Report and Recommendation; DISMISSING without prejudice 1 Complaint; denying as moot 2 Motion for Leave to Proceed in forma pauperis, 3 Motion to Certify Class and 4 Motion to Appoint Counsel. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 8/23/2012. (jem)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION SHERMAN SOLOMON and JAMES H. LEWIS, Plaintiffs, v. CASE NO. 5:12-cv-235-RS-GRJ KEEFE COMMISSARY NETWORK, LLC, Defendant. _________________________________/ ORDER Before me is the Magistrate Judge’s Report and Recommendation (Doc. 6). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and incorporated in this Order. 2. The complaint (Doc. 1) is DISMISSED without prejudice so Plaintiffs can proceed with separate lawsuits. 3. The remaining motions are DENIED as moot. 4. The clerk is directed to close the file. ORDERED on August 23, 2012. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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