Lola v. Miami Herald, Inc. et al

Filing 14

ORDER Adopting 12 Report and Recommendations and Dismissing Am ended Complaint. Signed by Senior Judge James Lawrence King on 10/16/2020. See attached document for full details. (jw)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA KEY WEST DIVISION CASE NO. 4:20-cv-10091-JLK DAVID JAMES LOLA, Plaintiff, v. MIAMI HERALD, INC., et al., Defendants. ______________________________________/ ORDER AFFIRMING MAGISTRATE’S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S AMENDED COMPLAINT THIS CAUSE comes before the Court upon the October 13, 2020 Report and Recommendation (“R&R”) of Magistrate Judge Lisette M. Reid (DE 12), recommending that Plaintiff’s Complaint (DE 1) be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with court orders. The record reflects that Plaintiff was afforded multiple opportunities to amend his complaint to comply with the local rules. (See DE 3, 5, 9). However, instead of amending his complaint as Judge Reid so ordered (see DE 5,9), Plaintiff appealed these orders to the district court for review. (See DE 6,11). Plaintiff ultimately filed an Amended Complaint “under protest” (Am. Compl. ¶1, DE 13), yet Plaintiff still failed to comply with the local rules and Judge Reid’s instructions. Accordingly, it is ORDERED, ADJUDGED, and DECREED that: 1. Magistrate Judge Lisette M. Reid’s October 13, 2020 Report and Recommendation (DE 12) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court; 2. Plaintiff’s Amended Complaint (DE 13) is hereby DISMISSED WITHOUT PREJUDICE under Federal Rule of Procedure 41(b) for failure to comply with court orders. Plaintiff may file a new case under a new case assignment, if he so desires; 3. All pending motions are hereby DENIED as moot; and 4. The Clerk of Court shall CLOSE this case. DONE AND ORDERED in chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 16th day of October, 2020. ______________________________________ JAMES LAWRENCE KING UNITED STATES DISTRICT JUDGE cc: All Counsel of Record

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