Santibanez v. Secretary, Department of Corrections et al

Filing 22

ORDER granting 20 Motion for Voluntary Dismissal; Adopting Report and Recommendations re 21 Report and Recommendations; Dismissing without prejudice 1 Petition for Writ of Habeas Corpus; Closing Case. Signed by Judge James I. Cohn on 1/29/2010. (ls)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 09-61695-CIV-COHN/WHITE VICTORIANO SANTIBANEZ, Petitioner, vs. W ALTER McNEIL, Respondent. _____________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE AND DISMISSING CASE This matter is before the Court on the Report of Magistrate Judge on Motion for Voluntary Dismissal [DE 21] ("Report"). Movant has filed no objections to the Report and the time for filing objections has passed. The Court has carefully reviewed the Report and is otherwise fully advised in the premises. Accordingly, for the reasons set forth in the Report, it is ORDERED AND ADJUDGED as follows: 1. 2. 3. Judge White's Report [DE 21] is ADOPTED. Petitioner's Motion for Voluntary Dismissal [DE 20] is GRANTED. Victoriano Santibanez's Petition [DE 1] is DISMISSED WITHOUT PREJUDICE except as to any application of the federal statute of limitations or other procedural bar which may apply. 4. The Clerk shall CLOSE this case and DENY all pending motions as MOOT.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 29th day of January, 2010.

Copies provided to the following: Counsel of record Victoriano Santibanez, pro se DC #L68863 Gulf Correctional Institution-Annex 699 Ike Steele Road W ewahitchka, FL 32465-0010

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