DOCTOR v. CRIST, et al.,

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION: Case is DISMISSED WITHOUT PREJUDICE. Signed by SENIOR JUDGE MAURICE M PAUL on 10/28/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION GREGORY DOCTOR, Plaintiff, v. CASE NO. 4:09-cv-00073-MP-WCS

JEFF ATWATER, LORENA VOLLRATH BUENO, CHARLIE CRIST, NANCY DANIELS, JUDGE KATHLEEN DEKKER, CHARLES FRANCIS, R FRED LEWIS, BILL MCCOLLUM, WILLIE MEGGS, FRANK SHEFFIELD, DEBORAH WHISNANT, Defendants. _____________________________/ ORDER This matter is before the Court on Doc. 14, Report and Recommendation regarding the Complaint filed by Gregory Doctor, Doc 1. Plaintiff was warned that a recommendation that the case be dismissed would be made if he failed to comply with the February 2, 2009 order to file an amended complaint by September 3, 2009. Though he moved for three extensions of time and all three extensions were granted, Plaintiff has failed to file the required amended complaint by the latest deadline of September 3, 2009. A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). Fed. R. Civ. P. 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert. denied, 493 U.S. 863 (1989). Plaintiff failed to file the required amended complaint even after being granted three extensions of time. The Magistrate has recommended the case be dismissed without prejudice. The Plaintiff has not filed any objections to that recommendation and the time for doing so has

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passed. Finding no plain error in the Magistrate's analysis, it is accordingly ORDERED AND ADJUDGED: 1. 2. The Magistrate Judge's Report and Recommendation, Doc. 14, is ADOPTED and incorporated herein. This case is DISMISSED WITHOUT PREJUDICE. 28th day of October, 2009

DONE AND ORDERED this

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

Case No: 4:09-cv-00073-MP-WCS