Holmes v. Educ. Credit Mgmt. Corp.

Full title: ANDRE JEFFERSON HOLMES, Appellant, v. EDUCATIONAL CREDIT MANAGEMENT…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Date published: Oct 13, 2011

4:11cv390-WS (N.D. Fla. Oct. 13, 2011)

Opinion

4:11cv390-WS

10-13-2011

ANDRE JEFFERSON HOLMES, Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Appellee.

WILLIAM STAFFORD

ORDER DENYING APPELLEE'S MOTION TO DISMISS

Before the court is the magistrate judge's report and recommendation docketed September 7, 2011. Doc. 4. The magistrate judge recommends that the appellee's motion to dismiss the appeal as untimely be denied. No objections to the report and recommendation have been filed.

The court has reviewed the record and has determined that the magistrate judge's report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 4) is ADOPTED and incorporated into this order by reference.

2. The appellee's motion to dismiss (doc. 2) is DENIED.

3. The case shall be returned to the magistrate judge for further proceedings.

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE