Opinion
Case No. 3:14cv680/MCR/CJK
07-08-2015
BILLY CHAD GIBSON, Plaintiff, v. B. STEARNS, et al., Defendants.
ORDER and REPORT AND RECOMMENDATION
This matter is before the court upon referral from the clerk. On June 11, 2015, plaintiff filed a motion to dismiss. (Doc. 15). The court conditionally construed plaintiff's motion as a notice of voluntary dismissal. (Doc. 16). The court advised plaintiff that if he did not intend to voluntarily dismiss his claims, he should, within twenty-one days, file a notice with the court so indicating. (Id.). The court further advised plaintiff that failing to file the notice would result in a recommendation that this case be dismissed pursuant to Federal Rule of Civil Procedure 41. (Id.). To date, plaintiff has not filed a notice with the court indicating he intends to pursue his claims. It thus appears that plaintiff did intend to voluntarily dismiss this action.
Accordingly, it is ORDERED:
1. The clerk shall mail a copy of this Report and Recommendation to plaintiff at 4252 Burbank Drive, Milton, Florida 32583.
And it is respectfully RECOMMENDED:
1. That this action be DISMISSED WITHOUT PREJUDICE.
2. That the clerk be directed to close the file.
At Pensacola, Florida, this 8th day of July, 2015.
/s/ _________
CHARLES J. KAHN, JR.
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon the magistrate judge and all other parties. A party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See U.S.Ct. of App. 11th Cir. Rule 3-1; 28 U.S.C. § 636.