Brown v. Pastrana et al

Filing 40

ORDER adopting 37 Report and Recommendations of Magistrate Judge and denying without prejudice 27 Defendant Warren's Motion for Summary Judgment. Signed by Judge Joan A. Lenard on 6/2/2009. (lc1)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-20631-CIV-LENARD/WHITE H A R O L D BROWN, P l a in tif f , vs. J O R G E PASTRANA, et al., D e f e n d a n ts . ________________________________/ O R D E R ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 37) AND DENYING WITHOUT PREJUDICE DEFENDANT W A R R E N 'S MOTION TO DISMISS (CONSTRUED AS A MOTION FOR S U M M A R Y JUDGMENT) (D.E. 27) T H I S CAUSE is before the Court on the Report of Magistrate Judge Patrick A. White (" R e p o rt," D.E. 37), issued on May 1, 2009, recommending that Defendant Warren's Motion to Dismiss ("Motion," D.E. 27), construed as a motion for summary judgment and filed on N o v e m b e r 26, 2008, be denied without prejudice. As of the date of this Order, Defendant W a rre n has not filed any objections to the Report. Failure to file timely objections shall bar th e parties from attacking on appeal the factual findings contained in the report. See R eso lutio n Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). B a s e d on a review the of the Magistrate Judge's Report, the Motion, the related pleadings, a n d the record, it is hereby ORDERED AND ADJUDGED that: 1. T h e Report and Recommendation of Magistrate Judge Patrick A. White (D.E. 3 7 ) , issued on May 1, 2009, is ADOPTED.

2.

C o n sis ten t with the Report and this Order, Defendant Warren's Motion to D is m is s (D.E. 27), construed as a motion for summary judgment, is DENIED W I T H O U T PREJUDICE.

3.

D e f e n d a n t is instructed that upon renewal of the Motion, he need not actually re -f ile the document with supporting exhibits but rather may simply file a N o tic e renewing the prior Motion.

D O N E AND ORDERED in Chambers at Miami, Florida, this 2nd day of June, 2009.

____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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