HO v. COSTELLO et al

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATION. The STAY is LIFTED. This case is dismissed without prejudice for failure to comply with a Court order and for failure to prosecute. The Clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 4/19/2018. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

DUONG T. HO,
Plaintiff,
v.

CASE NO. 5:18cv8-MCR-GRJ

DEDEE S. COSTELLO, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration of the Magistrate Judge's Report and
Recommendation dated February 14, 2018, recommending that this case should be
dismissed for failure to comply with a Court order and for failure to prosecute. ECF
No. 6. Plaintiff has been furnished with a copy of the Report and Recommendation
and was afforded an opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1).
An objection was filed by Ms. Pamela Nesmith as “Attorney in Fact” and Plaintiff’s
mother, with power of attorney. The Court advised that Ms. Nesmith may not
represent the interests of another pro se, and the Court stayed the case for a period of
30 days to allow Plaintiff time to retain an attorney. That time has expired and no
attorney has appeared on Plaintiff’s behalf. Therefore, the stay will be lifted, and the
case will proceed with Plaintiff proceeding pro se.

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No timely objection was filed other than by Ms. Nesmith. Having fully
reviewed the recommendation and the record, the Court has determined that the
Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The STAY is LIFTED.

2.

The Magistrate Judge's Report and Recommendation is adopted and

incorporated by reference in this Order.
3.

This case is dismissed without prejudice for failure to comply with a

Court order and for failure to prosecute.
4.

The Clerk is directed to close the file.

DONE AND ORDERED this 19th day of April 2018.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:18cv8-MCR-GRJ