Lee v. Unnamed Defendant

Filing 5

ORDER adopting 3 Final Report and Recommendation. IT IS FURTHER ORDERED this action is DISMISSED WITHOUT PREJUDICE for failure to comply with a lawful order of the Court pursuant to Local Rule 41.3(A)(2). Signed by Judge William S. Duffey, Jr on 3/22/2016. (anc)

to comply with a lawful order of the Court pursuant to Local Rule 41.3(A)(2),
NDGa.
Plaintiff did not file any objection to the R&R, and has not otherwise
responded to it.
Under Local Rule 16.5, “[f]ailure to comply with the court’s pretrial
instructions may result in the imposition of sanctions, including dismissal of the
case or entry of a default judgment.” LR 16.5, NDGa. Further, under Local Rule
41.3(A)(2), “[t]he court may, with or without notice to the parties, dismiss a civil
case for want of prosecution if: . . . [a] plaintiff . . . shall, after notice, . . . fail or
refuse to obey a lawful order of the court in the case.” LR 41.3(A)(2), NDGa.
The Court finds no plain error in the Magistrate Judge’s recommendation
that this action be dismissed for failure to comply with a lawful order of the Court.
See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983).
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Linda T. Walker’s Final
Report and Recommendation [3] is ADOPTED.
IT IS FURTHER ORDERED this action is DISMISSED WITHOUT
PREJUDICE for failure to comply with a lawful order of the Court pursuant to
Local Rule 41.3(A)(2).

2

SO ORDERED this 22nd day of March, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

3