MORGADO v. STATE OF FLORIDA et al

Filing 20

ORDER OF DISMISSAL - The 19 report and recommendation is accepted. The clerk must enter judgment stating, "The plaintiff's claims are dismissed with prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 5/23/2017. (cle)

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

CARLOS MORGADO,
Plaintiff,
v.

CASE NO. 4:16cv286-RH/CAS

STATE OF FLORIDA et al.,
Defendants.
_____________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 19. No objections have been filed. The
recommendation is for dismissal of this action.
The background is this. The magistrate judge’s order of October 4, 2016,
ECF No. 16, concluded that the plaintiff’s first amended complaint failed to state a
claim on which relief could be granted. The order gave the plaintiff leave to file a
second amended complaint and set November 4 as the deadline for doing so. The
order said the plaintiff should file a second amended complaint only if he could
cure the first amended complaint’s deficiencies as noted in the order.
Case No. 4:16cv286-RH/CAS

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The plaintiff objected to the magistrate judge’s order. I entered an order on
March 15, 2017 overruling the objection but extending to April 5 the deadline for
the plaintiff to file a second amended complaint. The March 15 order said:
As noted in the report and recommendation, the plaintiff should
file a second amended complaint only if he can cure the
deficiencies noted in the report and recommendation. If the
plaintiff chooses not to file a second amended complaint, his
assertion that the first amended complaint stated a claim on which
relief could be granted will be preserved for appeal. If the plaintiff
does not file a second amended complaint, a judgment will be
entered for the defendants, and the plaintiff will be entitled to
appeal to the United States Court of Appeals for the Eleventh
Circuit.
ECF No. 18 at 2.
The plaintiff did not file a second amended complaint. After the deadline for
doing so passed, the magistrate judge entered the report and recommendation that
is now before the court. The plaintiff has not objected, and the deadline for doing
so has passed.
Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted. The clerk must enter judgment

Case No. 4:16cv286-RH/CAS

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stating, “The plaintiff’s claims are dismissed with prejudice.” The clerk must close
the file.
SO ORDERED on May 23, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:16cv286-RH/CAS