Lyons et al. v. Kenter et al.

Filing 45

ORDER adopting Magistrate Judge's Report and Recommendation 44 and incorporated by reference in this order for all purposes, including appeallate review. The Defendant's Motion to Dismiss Plaintiff's Complaint 36 is GRANTED. This case is dismissed with prejudice. The clerk is directed to terminate all motions and deadlines, enter judgment accordingly and CLOSE this case. Signed by Judge Charlene E. Honeywell on 3/17/2010. (BGS)

UNITED STATES DISTRICT COURT M I D D L E DISTRICT OF FLORIDA F T . MYERS DIVISION P E A R L IE LYONS, P l a in tif f , v. C as e No: 2:08-cv-76-FtM-36DNF

T H O M A S J. KENDER, Vice President and C o n tro lle r, NATIONAL EXPRESS GROUP, Defendants. _____________________________

ORDER T H I S CAUSE came on for consideration upon the Report and Recommendation of th e Honorable Douglas N. Frazier, United States Magistrate Judge, Middle District of F lo rid a . The Report and Recommendation (Doc. 44) dated January 20, 2010, recommended th a t this action be dismissed with prejudice because Plaintiff, despite several attempts, has f a il e d to state a cause of action upon which relief may be granted. Specifically, in her e m p lo ym e n t discrimination action under Title VII of the Civil Rights Act of 1964, Plaintiff P e a rlie Lyons has failed to allege that she was an employee and employed by the Defendant a n d failed to allege that she exhausted her administrative remedies. T h e Court notes that neither party filed written objections to the Report and R e c o m m e n d a tio n and the time for filing such objections has expired. After careful

c o n sid e ra tio n of the Report and Recommendation of the Magistrate Judge in conjunction

with an independent examination of the court file, the Court is of the opinion that the M agistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED: 1. T h e Report and Recommendation of the Magistrate Judge is adopted,

c o n f ir m e d , and approved in all respects and is made a part of this order for all purposes, in c lu d in g appellate review. 2. T h e Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. 36) is

G R A N T E D . This case is dismissed with prejudice. 3. T h e Clerk is directed to terminate all motions and deadlines, enter judgment

a c co rd in g ly and close this case. D O N E AND ORDERED in Ft. Myers, Florida, on March 17, 2010.

C O P IE S FURNISHED TO: M a g is tra te Judge Douglas N. Frazier C o u n sel of Record