Austin v. Florida Department of Corrections

Filing 15

ORDER Adopting 14 Report and Recommendations. Motions Terminated: 14 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint 42 USC 1983 or Bivens filed by Steve Austin, Jr Recommending t. Signed by Judge Robert N. Scola, Jr o n 7/31/2017. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
Steve Austin, Jr., Plaintiff,
v.
Julie J. Jones, Defendant.

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) Civil Action No. 17-20296-Civ-Scola
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)

Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a report and recommendation
on any dispositive matters. On June 9, 2017, Judge White issued a report
recommending that the Court deny the Plaintiff Steve Austin’s fourth motion
for extension of time and dismiss for lack of prosecution Austin’s complaint
seeking relief under 42 U.S.C. § 1983. (Report of Magistrate, ECF No. 14.)
Although the Court waited additional time, Austin has not filed objections to
the report, and the time to do so has passed.
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. The Court finds Judge White’s report and
recommendation cogent and compelling. The Court affirms and adopts Judge
White’s report and recommendation (ECF No. 14). The Court denies Austin’s
fourth motion for extension of time (ECF No. 13) and dismisses for lack of
prosecution Austin’s complaint (ECF No. 1). Finally, the Court directs the
Clerk to close this case. Any pending motions are denied as moot.
Done and ordered, at Miami, Florida, on July 31, 2017.
_______________________________
Robert N. Scola, Jr.
United States District Judge