BUTLER v. MY FAMILY

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATION. The plaintiff's complaint and this action are DISMISSED for failure to state a claim upon which relief may be granted. "All claims are dismissed." Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/9/2012. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

ERSULA E. BUTLER,
Plaintiff,
v.

4:12cv441-WS

MY FAMILY, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc. 3)
docketed September 6, 2012. The magistrate judge recommends that this case be
dismissed for failure to state a claim. No objections to the report and recommendation
have been filed.
As noted by the magistrate judge, the plaintiff is homeless and has no mailing
address. Although a copy of the magistrate judge's report and recommendation was
left with the clerk for pickup by the plaintiff, the plaintiff has neither called nor come by
the clerk's office to inquire about her case. Although it is her responsibility to monitor
the progress of the case and to prosecute the action diligently, she has not done so.
The court has reviewed the record and has determined that the magistrate
judge's report and recommendation should be adopted. Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 3) is hereby

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ADOPTED and incorporated by reference in this order.
2. The plaintiff's complaint and this action are DISMISSED for failure to state
a claim upon which relief may be granted.
3. The clerk shall enter judgment stating: "All claims are dismissed."
4. The court retains jurisdiction to amend, alter, or vacate and set aside the
judgment of dismissal, provided the plaintiff—within sixty (60) days after the date
hereof—shows cause why the case should not be dismissed.
DONE AND ORDERED this

9th

day of

October

, 2012.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE