CARY v. MCNEIL et al

Filing 19

ORDER denying 18 MOTION for New Trial in an Action Tried Without a Jury by WALTER H CARY, III signed by SENIOR JUDGE MAURICE M PAUL on 12/9/09. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION WALTER H CARY, III, Plaintiff, v. CASE NO. 1:09-cv-00018-MP-AK

CALVESTER DAVIS, JOEY HILL, WALTER A MCNEIL, REGINALD PERRY, MARK PITTS, RILEY RHODEN, OMAR RODRIQUEZ, STEVEN SINGER, Defendants. _____________________________/ ORDER This matter is before the Court on Doc. 18, a Motion for New Trial in an Action Tried Without a Jury by Walter H Cary, III. Previously, after being granted an extension of time to file an amended complaint, Mr. Cary failed to do so, and failed to respond to an order to show cause. Thus, the Court in Doc. 16 adopted Doc. 15, the Report and Recommendation of the Magistrate Judge, recommending that this case be dismissed for failure to prosecute. In the instant motion, Plaintiff fails to explain (or even mention) his previous failure to prosecute. Accordingly, the Court sees no reason to depart from the order dismissing this case, and it is hereby ORDERED AND ADJUDGED: The motion at Doc. 18 is denied. DONE AND ORDERED this 9th day of December, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge