Ford v. GreenBaum et al

Filing 30

ORDER ADOPTING 26 Report and Recommendation, DENYING WITHOUT PREJUDICE 20 Defendant Greenbaum's Motion to Dismiss, DISMISSING Complaint, and CLOSING case. Signed by Judge Joan A. Lenard on 1/5/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-21895-CIV-LENARD/WHITE C L A N D IS FORD, P l a in tif f , vs. R . GREENBAUM, et al, Defendants. ________________________________/ O R D E R ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 26), DISMISSING COMPLAINT, DENYING WITHOUT P R E J U D IC E DEFENDANT GREENBAUM'S MOTION TO DISMISS (D.E. 20), A N D CLOSING CASE T H I S CAUSE is before the Court on the Report and Recommendation of the M a g is tra te Judge ("Report," D.E. 26), issued on December 4, 2009, recommending that: (1) a s to all claims and defendants, the operative complaint be dismissed for lack of prosecution p u rsu a n t to Rule 41(b) of the Federal Rules of Civil Procedure, and for failure to comply w i th this Court's orders; (2) Defendant Greenbaum's Motion to Dismiss the Complaint (D.E. 2 0 ) be denied without prejudice with leave to re-file; and (3) this case be closed. The Parties w e re provided fourteen (14) days to file objections to the Report. To date, the Parties have n o t filed any objections. Failure to timely file objections shall bar parties from attacking on ap p ea l the factual findings contained in the report. See Resolution Trust Corp. v. Hallmark B u ild e rs , Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review o f the Report and record, it is hereby ORDERED AND ADJUDGED that: 1. T h e Report of the Magistrate Judge (D.E. 26), issued on December 4, 2009, is

ADO PTED; 2. P la in t if f ' s Complaint is DISMISSED as to all claims and all defendants, for lac k of prosecution, pursuant to Rule 41(b) of the Federal Rules of Civil P r o c e d u r e , and for failure to comply with this Court's orders; 3. T h is case is now CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 5th day of January, 2010.

_ _ _ _ _ _ _ _ _ _______________________ _ _ _ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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