Opinion
No. 4:16-CV-05165-SAB
09-06-2018
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Magistrate Judge John T. Rodgers' Report and Recommendation to Dismiss, Without Prejudice, For Failing to Comply Obey a Court Order, ECF No. 31, recommending the Court dismiss Plaintiff's First Amended Complaint, ECF No. 10, without prejudice, and deny Defendants' motion for summary judgment, ECF No. 22, as moot. No timely objections were filed.
After reviewing the Report and Recommendation and relevant authorities, the Court agrees with Magistrate Judge Rodgers' findings and adopts the Report and Recommendation in its entirety. // // // //
Accordingly, IT IS HEREBY ORDERED that:
1. Magistrate Judge Rodgers' Report and Recommendation to Dismiss, Without Prejudice, For Failing to Comply Obey a Court Order, ECF No. 31, is ADOPTED in its entirety.
2. Defendants' Motion for Summary Judgment, ECF No. 22, is DENIED as moot.
3. Any remaining pretrial deadlines are STRICKEN.
4. The above-captioned case is DISMISSED without prejudice.
IT IS SO ORDERED. The Clerk of Court is directed to file this Order, forward copies to counsel, pro se Plaintiff, and Magistrate Judge Rodgers, and close the file.
DATED this 6th day of September 2018.
/s/_________
Stanley A. Bastian
United States District Judge