Martinez et al v. Waste Pro of Florida, Inc.

Filing 20

ORDER adopting 19 Report and Recommendation of the Magistrate Judge. This action is DISMISSED for failure to prosecute. The Clerk is directed to terminate all deadlines, enter judgment accordingly, and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 4/9/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

VICTOR MARTINEZ, JOSE ACOSTA, JUAN
HERRERA on their own behalf and on behalf of
others similarly situated,
Plaintiffs,
v.

CASE NO. 2:11-CV-492-FtM-36DNF

WASTE PRO OF FLORIDA, INC.,
Defendant.
/

ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Douglas N. Frazier, filed on March 1, 2012 (Doc. 19). In the Report and Recommendation,
Magistrate Judge Frazier recommends that this action be dismissed for failure to prosecute by the
Plaintiffs. Neither party has objected to the Report and Recommendation and the time to do so has
expired.
The Court is in agreement with the Magistrate that this case should be dismissed for failure
to prosecute. See M.D.Fla. Local Rule 3.10(a). Plaintiffs have engaged in a pattern of failing to
prosecute this action, including failing to comply with an Order of the Court (Doc. 16) and an Order
to Show Cause (Doc. 17). Thus, after careful consideration 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 Magistrate Judge’s Report and Recommendation should be adopted,
confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:

1.

The Report and Recommendation of the Magistrate Judge (Doc. 19) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

This action is DISMISSED for failure to prosecute.

3.

The Clerk is directed to terminate all deadlines, enter judgment accordingly, and
close this case.

DONE AND ORDERED at Ft. Myers, Florida, on April 9, 2012.

COPIES TO:
COUNSEL OF RECORD

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