Cook v. Jones et al

Filing 120

ORDER Dismissing Case Without Prejudice (Adopting R&R). Signed by Senior Judge James Lawrence King on 1/14/2021. See attached document for full details. (jw)

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Case 1:17-cv-23847-JLK Document 120 Entered on FLSD Docket 01/14/2021 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 1:17-23847-CIV-KING/REINHART THOMAS COOK, Plaintiff, v. JULIE L. JONES, et al., Defendant(s). / ORDER DISMISSING CASE WITHOUT PREJUDICE AND AFFIRMING REPORT AND RECOMMENDATION THIS CAUSE is before the Court on the November 12, 2020 sua sponte Report and Recommendation (“R&R”) (DE 113) of Magistrate Judge Bruce E. Reinhart. The R&R recommends dismissing Plaintiff’s pro se Civil Rights Complaint (DE 1) pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute by failing to comply with the Court’s Order (DE 111) requiring a response to the motions for summary judgment. See generally R&R. The extension of time Plaintiff was granted (DE 115, 119) to respond to the summary judgment motions has expired; no response has been filed. Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Reinhart’s well-reasoned R&R accurately states the law of the case. Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows: 1. Magistrate Judge Bruce E. Reinhart’s November 12, 2020 Report and Recommendation (DE 113) be, and the same is, hereby AFFIRMED and ADOPTED as an order of this Court. Case 1:17-cv-23847-JLK Document 120 Entered on FLSD Docket 01/14/2021 Page 2 of 2 2. This case is DISMISSED without prejudice. 3. Defendants’ Motions for Summary Judgment (DE 107-108) are DENIED AS MOOT. 4. The Clerk shall CLOSE this case. DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 14th day of January, 2021. ______________________________ JAMES LAWRENCE KING UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF FLORIDA Cc: Magistrate Judge Bruce E. Reinhart All counsel of record Clerk of the Court Thomas Cook, pro se 2

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