Clements v. Jace et al

Filing 42

ORDER: (1) The Report and Recommendation of the Magistrate Judge 41 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendants' Motion to Dismiss Du e to Plaintiff's Failure to Perfect Service of Process Pursuant to Court Orders [Doc. 23] [Doc. 28] 32 is GRANTED. (3) This case is dismissed, without prejudice, due to Plaintiff's failure to perfect service of process. (4) The Clerk is directed to terminate all pending motions and close this file. Signed by Judge Charlene Edwards Honeywell on 2/7/2018. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEANNA CLEMENTS,
Plaintiff,
v.

Case No: 8:17-cv-316-T-36MAP

RICKIE JACE and STEVAN FIGUEROA,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Mark A. Pizzo on January 22, 2018 (Doc. 41).

In the Report and

Recommendation, Magistrate Judge Pizzo recommends that the Court grant Defendants’ Motion
to Dismiss Due to Plaintiff’s Failure to Perfect Service of Process Pursuant to Court Orders (Doc.
32) pursuant to Rule 41(b), Fed. R. Civ. P., without prejudice. All parties were furnished copies
of the Report and Recommendation and were afforded the opportunity to file objections pursuant
to 28 U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 41) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Defendants’ Motion to Dismiss Due to Plaintiff’s Failure to Perfect Service of
Process Pursuant to Court Orders [Doc. 23] [Doc. 28] (Doc. 32) is GRANTED.

(3)

This case is dismissed, without prejudice, due to Plaintiff’s failure to perfect service
of process.

(4)

The Clerk is directed to terminate all pending motions and close this file.

DONE AND ORDERED at Tampa, Florida on February 7, 2018.

Copies to:
The Honorable Mark A. Pizzo
Counsel of Record

2