Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION granting 14 Report and Recommendation - Case is DISMISSED without prejudice for Plaintiffs failure to comply with a court order and failure to state a claim upon whichrelief may be granted. Signed by JUDGE STEPHAN P MICKLE on 3/6/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION J.P. OWENS, JR., Plaintiff, vs. E.M.S. ADMINISTRATIONS, et al., Defendants. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes for consideration upon the Magistrate Judge's Report and Recommendation. (doc. 14) The parties have been furnished a copy and have been afforded an opportunity to file objections. To date, no objections have been filed. On December 17, 2008, the Magistrate Judge issued an order instructing Plaintiff to file an amended Complaint. In that order, Plaintiff was warned that failure to comply with the order may result in a recommendation of dismissal of this action. Plaintiff failed to amend the Complaint as ordered. As a result, the Magistrate Judge has recommended that Plaintiff's case be dismissed without prejudice. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: Case No.: 5:08cv30-SPM/WCS 1. The Magistrate Judge's Report and Recommendation (doc. 14) is adopted and incorporated by reference in this order. 2. This case is dismissed without prejudice for Plaintiff's failure to comply with a court order and failure to state a claim upon which relief may be granted. DONE AND ORDERED this sixth day of March, 2009. s/ Stephan P. Mickle Stephan P. Mickle United States District Judge 2

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