Thompson v. State of Florida et al

Filing 7

ORDER Referring Case Back to Magistrate Judge. The 5 Magistrate Judge's Report and Recommendation is terminated, in light of Petitioner's new filing, which requires further review by the Magistrage Judge. Certificate of Appealability: No Ruling. Signed by Judge Robert N. Scola, Jr. on 12/10/12. (jky)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-62189-Civ-SCOLA
HOWARD L. THOMPSON,
Plaintiff,
vs.
ATTORNEY GENERAL
OF FLORIDA et al.,
Defendants.
___________________________/
ORDER REFERRING CASE BACK TO THE MAGISTRATE JUDGE
THIS MATTER is before the Court upon the Report of Magistrate Judge [ECF No. 5],
filed by Magistrate Judge Patrick White on November 16, 2012. The Magistrate Judge
recommends that Plaintiff’s petition be dismissed, without prejudice, as duplicative of the
petition he filed in case no. 12-62152-Civ-Scola. The fourteen-day period to file objections has
passed without any objections being filed. On December 7, 2012, however, Plaintiff filed a new
amended petition [ECF No. 6]. Accordingly, in an abundance of caution, this matter shall be
sent back to the Magistrate Judge for consideration of whether the petition, as amended, remains
duplicative of the one in the lower case number.
Accordingly, it is hereby ORDERED and ADJUDGED that this case is again
REFERRED to the Magistrate Judge for further proceedings consistent with this Order. The
Clerk shall terminate the Magistrate Judge’s Report [ECF No. 5], which the Court declines to
adopt in view of the changed circumstances noted above.
DONE and ORDERED in chambers, at Miami, Florida on December 10, 2012.

________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE
Copies to:
U.S. Magistrate Judge White
Counsel of record
Howard L. Thompson
(address of record)