Powell v. Bermudez

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-20391-BLOOM/Reid

GAYNETT POWELL,

Plaintiff, v.

DOCTOR BERMUDEZ, of Dade Correctional Institution, et al.,

Defendants. _______________________________/

ORDER

THIS CAUSE is before the Court upon the Report of Magistrate Judge Re: Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunctive Relief of the Honorable Lisette M. Reid. ECF No. [15] (“Report”). On March 16, 2020, Judge Reid issued the Report recommending that the Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunctive Relief, ECF No. [7] (“Motion”), be denied on the merits. ECF No. [15] at 1. The Report further advised that any objections to the Report’s findings were due within fourteen days of receipt of the Report. Id. at 7-8. To date, Plaintiff has not filed any objections. This Court has conducted a de novo review of Judge Reid’s Report and the record, and is otherwise fully advised. Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Reid’s Report to be well reasoned and correct. The Court agrees with the analysis in the Report and concludes that Plaintiff’s Motion should be denied for the reasons set forth therein. Moreover, on January 31, 2020, the Court issued an order requiring Plaintiff to file an Amended Complaint curing the deficiencies in the initial pleading. ECF No. [6]. Plaintiff was Case No. 20-cv-20391-BLOOM/Reid

further ordered to file this Amended Complaint by no later than March 24, 2020. ECF No. [10]. To date, Plaintiff has failed to comply with the Court’s deadline. As such, the Court concludes that the instant action must be dismissed for Plaintiffs failure to comply with court orders. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Judge Reid’s Report and Recommendation, ECF No. [15], is ADOPTED. 2. The Motion, ECF No. [7], is DENIED. 3. The above-styled action is DISMISSED WITHOUT PREJUDICE. 4. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 5. The Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on April 8, 2020.

BETHBLOOM i ssts—s—s UNITED STATES DISTRICT JUDGE Copies to: The Honorable Lisette Reid Copies to: Gaynett Powell L07899 Northwest Florida Reception Center Inmate Mail/Parcels 4455 Sam Mitchell Drive Chipley, FL 32428