Johnson v. LaNuez et al

Filing 21

ORDER adopting 20 Report and Recommendations; granting in part and denying in part 19 Motion to Dismiss for Lack of Prosecution; dismissing case without prejudice for lack of prosecution. Signed by Judge James I. Cohn on 12/20/2011. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-61334-CIV-COHN/WHITE
ROOSEVELT JOHNSON,
Plaintiff,
v.
JUSTIN LANUEZ, et al.,
Defendants.
_________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE,
GRANTING IN PART MOTION TO DISMISS, AND
DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF PROSECUTION
THIS CAUSE is before the Court upon the Report of Magistrate Judge [DE 20]
(“Report”), submitted by United States Magistrate Judge Patrick A. White, regarding
Plaintiff Roosevelt Johnson’s pro se Complaint Under the Civil Rights Act, 42 U.S.C.
§ 1983 [DE 1] (“Complaint”). The Court notes that Mr. Johnson has not filed any
objections to the Report, and the time for filing such objections has passed. The Court
also notes that on September 23, 2011, the copy of the Scheduling Order that was
mailed to Mr. Johnson was returned to the Clerk of Court [DE 17] because Mr. Johnson
was no longer in custody at the Broward County Jail. Despite Judge White’s Order [DE
18] directing Mr. Johnson to provide a current address by no later than October 26,
2011 “or risk dismissal of this case,” Mr. Johnson has not updated his address.
Even though no timely objections were filed, the Court has conducted a de novo
review of the record herein, including the Complaint, Judge White’s Report, Defendant
Lanuez’s Motion to Dismiss [DE 19], and is otherwise fully advised in the premises.

Judge White recommends granting in part Defendant Lanuez’s Motion to Dismiss and
dismissing this case without prejudice for lack of prosecution. This Court agrees. As
Judge White wrote, “It appears that the plaintiff is no longer litigating this case, and he
has failed to comply with the Court’s Orders.” Report at 2. Accordingly, it is hereby
ORDERED AND ADJUDGED as follows:
1.

The Report of Magistrate Judge [DE 20] is ADOPTED;

2.

Defendant Justin Lanuez’s Motion to Dismiss [DE 19] is GRANTED in
part and DENIED in part;

3.

The Complaint [DE 1] is DISMISSED without prejudice for lack of
prosecution;

4.

Any pending motions are DENIED as moot, and the Clerk of Court is
directed to CLOSE this case.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, this 20th day of December, 2011.

Copies provided to:
Counsel of record via CM/ECF
Roosevelt Johnson, pro se, via CM/ECF regular mail to:
(last known address)
Jail #501103068
Joseph V. Conte Facility
P.O. Box 407016
Fort Lauderdale, FL 33304
2