Opinion
Case No. 6:12-cv-1110-Orl-28GJK
11-15-2012
LEROY BERRY, Plaintiff, v. JAMIE MCGOWAN, JACK PARKER, BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, Defendants.
ORDER
This case is before the Court on Defendants Sheriff Parker and The Brevard County Board of Commissioner's Motion to Dismiss (Doc. No. 6) filed August 13, 2012, and Plaintiff's Motion For Leave Of Court To Continue This Cause Until The Plaintiff Can Obtain Further Evidence And Satisfy A Statutory Prerequisite Supporting His Claim Against The Sheriff Of Brevard County (Doc. No. 11) filed August 28, 2012. The United States Magistrate Judge has submitted a report recommending that the motion to dismiss be granted in part and the motion to continue be denied.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed October 25, 2012 (Doc. No. 15) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendants Sheriff Parker and The Brevard County Board of Commissioner's Motion to Dismiss (Doc. No. 6) is GRANTED only to the extent that the case be dismissed without prejudice.
3. Plaintiff's Motion For Leave Of Court To Continue This Cause Until The Plaintiff Can Obtain Further Evidence And Satisfy A Statutory Prerequisite Supporting His Claim Against The Sheriff Of Brevard County (Doc. No. 11) is DENIED.
4. This case is dismissed without prejudice.
5. The Clerk of the Court is directed to close this case.
DONE and ORDERED in Chambers, Orlando, Florida this 15th day of November, 2012.
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JOHN ANTOON II
United States District Judge
Copies furnished to: United States Magistrate Judge
Counsel of Record
Unrepresented Party