Vargas v. United States Department of Veterans Affairs

• Court: District Court, M.D. Florida
• Decided: October 31, 2022
• Docket: 8:22-cv-00940
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JOHNNY VARGAS, JR., Plaintiff,

v. Case No: 8:22-cv-940-KKM-CPT UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, JAMES A. HALEY VETERANS HOSPITAL, UNITED STATES DEPARTMENT OF DEFENSE, Defendant.

ORDER Johnny Vargas, Jr. has failed to file a case management report as required by Local Rule 3.02(b)(2) and has failed to show good cause for this failure despite the Court directing him to do so and warning that failure to show good cause for her failures would result in the action being dismissed without further notice. (Doc. 11, 12.) The Court twice directed Vargas to show cause for his failure to file a timely case management after Defendant filed an answer to his complaint. (Doc. 11, 12.) Vargas’s lack of diligence in the

prosecution of his claims and his repeated refusals to comply with Court orders is a clear

pattern of delay that warrants dismissal. See World Thrust Films, Inc. v. Intl Fam. Ent.,

Inc., 41 F.3d 1454, 1456 (11th Cir. 1995) (“A district court has authority under Federal Rules of Civil Procedure 41(b) to dismiss actions for failure to comply with local rules.”). Accordingly, the following is ORDERED: 1. This action is DISMISSED WITHOUT PREJUDICE for failure to

prosecute and to comply with the Court’s orders.

2. The Clerk is DIRECTED to terminate any pending motions or deadlines, enter judgment in favor of Defendant, and close this case. ORDERED in Tampa, Florida, on October 31, 2022.

‘ 4 AN f? / | I / 7 / + h TOM BARBER UNITED STATES DISTRICT JUDGE