Schlenkert v. Warden, FDC Miami

Filing 18

ORDER ADOPTING 17 Report and Recommendation of Magistrate Judge, DISMISSING Petition as moot, and CLOSING case. Signed by Judge Joan A. Lenard on 2/25/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-22929-CIV-LENARD/WHITE D A V ID ANDREW SCHLENKERT, P e t i t io n e r , vs. W A R D E N JOHN T. RATHMAN, et al, R e s p o n d e n ts . ________________________________/ O R D E R ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 17) T H I S CAUSE is before the Court on the Report and Recommendation of the M a g istra te Judge ("Report," D.E. 17), issued on January 27, 2010, recommending that this p e titio n be dismissed as moot since Petitioner has been released from custody. Therein, the P a rtie s were provided fourteen (14) days to file objections to the Report. To date, Petitioner h a s not filed any objections to the Report. Failure to file timely objections shall bar the p a rtie s from attacking on appeal the factual findings contained in the report. See Resolution T r u s t Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Therefore, a f te r an independent review of the Report and record, it is hereby ORDERED AND A D J U D G E D that: 1. T h e Report of the Magistrate Judge (D.E. 17), issued on January 27, 2010, is ADO PTED; 2. P e titio n e r 's petition is DISMISSED AS MOOT;

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T h is case is now CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 25th day of February, 2010.

___ _ _ _ _ _ _ _ _ _ _ _ _____________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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