Munoz v. Ramirez et al

Filing 47

ORDER DISMISSING COMPLAINT FOR LACK OF PROSECUTION; DISMISSING 41 Motion for Summary Judgment; and ADOPTING 46 Report and Recommendation. Signed by Chief Judge Federico A. Moreno on 1/21/2009. (jr)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 07-22286-CIV-MORENO LUIS ANTONIO MUNOZ, Plaintiff, vs. E D W A R D RAMIREZ McDONOUGH, and RICHARD

Defendants. _____________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING CASE THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report and Recommendation (D.E. No. 3), filed on August 31, 2007. The Magistrate Judge filed a Report and Recommendation (D.E. No. 46) on January 15, 2009. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation (D.E. No. 46) on January 15, 2009 is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that: (1) The operative complaint is DISMISSED for lack of prosecution, pursuant to FED. R. CIV. P. 41(b), and S.D. FLA. L. R. 41.1;

(2) The joint motion for summary judgment by the defendants (D.E. No. 41) is DISMISSED without prejudice, and (3) This case is CLOSED

DONE AND ORDERED in Chambers at Miami, Florida, this 21st day of January, 2009.

_______________________________________ FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies provided to: United States Magistrate Judge Patrick A. White Counsel of Record

-2-