Lola v. Miami Herald, Inc. et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
KEY WEST DIVISION
CASE NO. 4:20-cv-10091-JLK
DAVID JAMES LOLA,
MIAMI HERALD, INC., et al.,
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
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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