Nichols v. CBS Outdoor, Inc.

Filing 23

ORDER adopting 22 Report and Recommendation of the Magistrate Judge. Plaintiff William I. Nichols' Amended Complaint 2 is DISMISSED for failure to prosecute. The Clerk is directed to terminate all deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 4/29/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WILLIAM I. NICHOLS,
Plaintiff,
v.

Case No: 6:12-cv-1163-Orl-36DAB

CBS OUTDOOR, INC.,
Defendant.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by United
States Magistrate Judge David A. Baker on April 9, 2013 (Doc. 22).

In the Report and

Recommendation, Judge Baker recommends that the Court dismiss pro se Plaintiff William I.
Nichols’ (“Plaintiff”) Amended Complaint for failure to prosecute. Doc. 22, p. 3. Neither party
has objected to the Report and Recommendation and the time to do so has expired.
Plaintiff has failed to respond to discovery, Defendant CBS Outdoor, Inc.’s
(“Defendant”) Motion to Compel (Doc. 21), or the Court’s Order to Show Cause as to why
sanctions should not be imposed for Plaintiff’s failure to respond to the Court’s standard Notice
of Pendency of Other Actions and Certificate of Interested Persons (Doc. 16). The Court is in
agreement with the Magistrate Judge that this case should be dismissed for failure to respond to
discovery and the Court’s Order to Show Cause. See Fed. R. Civ. P. 37(b)(2). 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. 22) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2. Plaintiff William I. Nichols’ Amended Complaint (Doc. 2) is DISMISSED for
failure to prosecute.
3. The Clerk is directed to terminate all deadlines and close this case.
DONE and ORDERED in Orlando, Florida on April 29, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge David A. Baker

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