LaChase v. St. Lucie County Jail

Filing 19

ORDER Adopting 17 Report and Recommendation and DISMISSING Complaint 1 . Signed by Chief Judge K. Michael Moore on 2/15/2021. See attached document for full details. (tgr)

Case 2:20-cv-14233-KMM Document 19 Entered on FLSD Docket 02/16/2021 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 2:20-cv-14233-KMM
CHARLTON EDWARD LACHASE,
Plaintiff,
v.
ST. LUCIE COUNTY JAIL,
Defendant.
/
ORDER ON REPORT AND RECOMMENDATION
THIS CAUSE came before the Court upon Plaintiff Charlton Edward LaChase’s pro se
Complaint bringing claims pursuant to 42 U.S.C. § 1983. (“Compl.”) (ECF No. 1). The matter
was referred to the Honorable Lisette M. Reid, United States Magistrate Judge, who issued a
Report and Recommendation recommending that Plaintiff’s Complaint be DISMISSED
WITHOUT PREJUDICE. (“R&R”) (ECF No. 17). Plaintiff did not file objections and the time
to do so has passed. The matter is now ripe for review. As set forth below, the Court ADOPTS
the R&R.
The Court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
As set forth in the R&R, Magistrate Judge Reid finds that the Complaint should be
dismissed for failure to prosecute and for failure to comply with the Court’s Order. R&R at 3.
Specifically, Magistrate Judge Reid explains that (1) Plaintiff’s Complaint is a deficient shotgun
pleading and (2) Plaintiff failed to file an amended complaint by August 31, 2020 as ordered by
the Court. See id. at 2; see also Order to Amend Compl. (ECF No. 13). Additionally, Plaintiff
was cautioned that failure to timely amend his complaint would result in dismissal.

Id.

Case 2:20-cv-14233-KMM Document 19 Entered on FLSD Docket 02/16/2021 Page 2 of 2

Accordingly, Magistrate Judge Reid recommends that the Court dismiss Plaintiff’s Complaint
pursuant to its “inherent authority to manage its own docket.” See id. at 2, 4; see also Equity
Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir.
2009). This Court agrees.
Accordingly, UPON CONSIDERATION of the Complaint, the R&R, the pertinent
portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED
AND ADJUDGED that the R&R (ECF No. 17) is ADOPTED. It is FURTHER ORDERED that:
1.

Plaintiff Charlton Edward LaChase’s Complaint (ECF No. 1) is DISMISSED
WITHOUT PREJUDICE for failure to prosecute and failure to comply with the
Court’s Order to Amend Complaint (ECF No. 13);

2.

The Court’s order granting petitioner in forma pauperis status and establishing a
debt (ECF No. 11) is VACATED;

3.

The Clerk of Court is instructed to CLOSE this case; and

4.

All pending motions, if any, are DENIED AS MOOT.

DONE AND ORDERED in Chambers at Miami, Florida, this 15th day of February, 2021.
___

K. MICHAEL MOORE
CHIEF UNITED STATES DISTRICT JUDGE

cc: Charlton Edward LaChase
17080104
Miami Federal Detention Center
Inmate Mail/Parcels
Post Office Box 019120
Miami, FL 33101
PRO SE

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