Opinion
Case No.: 04-60299-CIV-COHN/WHITE.
August 31, 2005
FINAL ORDER OF DISMISSAL
THIS CAUSE is before the Court upon the Court's August 16, 2005 Order.
On March 25, 2005, United States Magistrate Judge Patrick A. White issued an "Order Modifying Pretrial Order." (DE #21). Judge White stated that on or before June 6, 2005, "the plaintiff shall file with the Court and serve upon counsel for the defendants a document called `Pretrial Statement.'" If Plaintiff failed to file a Pretrial Statement, Defendants were required to notify the Court. Judge White stated, "The plaintiff is cautioned that failure to file the Pretrial Statement may result in dismissal of this case for lack of prosecution."
On July 18, 2005, Judge White issued a "Report that Case is Ready for Trial." (DE #24). On August 2, 2005, this Court issued an Order to Show Cause, noting that Plaintiff failed to file a Pretrial Statement and that Defendants had filed a Notice of Plaintiff's Failure to Comply. Thus, the Court ordered Plaintiff to show cause why this case should not be dismissed for lack of prosecution. (DE #25). Plaintiff subsequently filed his "Responses to Show Cause Order," admitting that he failed to file a Pretrial Statement. (DE #26).
Thereafter, on August 16, 2005, this Court issued an Order stating that "Plaintiff shall file his Pretrial Statement no later than August 23, 2005. Failure of Plaintiff to file his Pretrial Statement will result in the dismissal of this matter for lack of prosecution." (DE #28). To date, Plaintiff has failed to file a Pretrial Statement. Thus, Plaintiff has violated both Judge White's March 25, 2005 Order and this Court's August 16, 2005. It is thereupon
ORDERED AND ADJUDGED that Plaintiff's Complaint [DE #1] is hereby DISMISSED for lack of prosecution. All pending motions are DENIED AS MOOT. The Clerk shall CLOSE THIS CASE.
DONE AND ORDERED