Maynor v. Tifft et al

Filing 5

REPORT AND RECOMMENDATIONS re 4 Notice (Other) filed by Edward Maynor. Recommending granting. Objections to R&R due by 5/24/2010. Signed by Magistrate Judge Patrick A. White on 5/5/2010. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-21296-CIV-MORENO MAGISTRATE JUDGE P.A. WHITE EDWARD MAYNOR, Plaintiff, v. TIFFT, ET AL., : : : : REPORT OF MAGISTRATE JUDGE (DE#4)

Defendants. : ______________________________

The

pro-se

plaintiff

Edward

Maynor

filed

a

"Notice

to

Disregard" (DE#4), stating that he requests this case to be "disregarded (dropped)". The Court will construe this pleading as a motion for voluntary dismissal.

It is recommended that the plaintiff's motion for voluntary dismissal of this case be granted, and the case be dismissed without prejudice, except as to the statute of limitations, or any other applicable procedural bar upon refiling. (DE#4) The alleged violation occurred in March of 2010, and the plaintiff has four years to re-file without running afoul of the statute of

limitations.

Objections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report.

Dated this 5th May, 2010. ______________________________ UNITED STATES MAGISTRATE JUDGE cc: Edward Maynor, Pro Se DC #792972 Santa Rosa CI Address of Record

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