PITTMAN v. SHARKY'S BEACHFRONT RESTAURANT AND HOTEL SEAHAVEN LLC

Filing 12

ORDER OF DISMISSAL re adopting 11 Report and Recommendation.The clerk must enter judgment stating, "This case is dismissed without prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/14/2018. (jcw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JUSTIN PITTMAN,
Plaintiff,
v.

CASE NO. 5:17cv302-RH/GRJ

SEAHAVEN LLC d/b/a
SHARKY’S BEACHFRONT
RESTAURANT AND HOTEL,
Defendant.
_____________________________/

ORDER OF DISMISSAL
This employment case is before the court on the magistrate judge’s report
and recommendation, ECF No. 11. No objections have been filed.
The magistrate judge entered an order on May 12, 2018 concluding that the
second amended complaint was deficient and directing plaintiff to file a third
amended complaint. Now, more than three months later, the plaintiff still has not
complied with the order. The report and recommendation correctly concludes that
the complaint should be dismissed without prejudice based on the failure to file the
third amended complaint as ordered.

Case No. 5:17cv302-RH/GRJ

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It bears noting, too, that the second amended complaint asserted that the
plaintiff was treated shabbily but did not allege that the treatment was based on
race, disability, or any characteristic protected by the federal civil rights statutes.
Shabby treatment of an employee does not, without more, violate those statutes.
IT IS ORDERED:
The report and recommendation is accepted. The clerk must enter judgment
stating, “This case is dismissed without prejudice.” The clerk must close the file.
SO ORDERED on July 14, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 5:17cv302-RH/GRJ