Opinion
CASE NO.: 8:10-cv-701-T-23TBM.
August 31, 2010
ORDER
On July 7, 2010, the defendants moved (Doc. 5) to dismiss. Pursuant to Rule 15(a), Federal Rules of Civil Procedure, the plaintiff filed (Doc. 9) an amended complaint on July 28, 2010. A July 29, 2010, order (Doc. 11) denies as moot the motion to dismiss. The defendants move (Doc. 12) to dismiss the amended complaint. More than seventeen days has passed and the plaintiff fails to respond. Accordingly, the motion (Doc. 12) is GRANTED as unopposed. The Clerk is directed to (1) terminate any pending motion and (2) close the case.
This is the second of the plaintiff's actions in this court against the defendants. In the first action, Case No. 8:09-cv-1901-T-23AEP, the defendants moved to dismiss (Docs. 6 8), and the plaintiff failed to timely respond. A November 25, 2009, order (Doc. 10) granted as unopposed the defendants' motion, dismissed the action, and closed the case. A December 11, 2009, order denies the plaintiff's motion for reconsideration. Accordingly, the plaintiff has received ample notice of the deadline for responding to a motion and yet repeatedly fails to comply and diligently prosecute this action in accord with Local Rules 3.01 and 3.10.
ORDERED in Tampa, Florida.