Thomas v. Credence Res. Mgmt.

Full title: LAQUANDA THOMAS, Plaintiff, v. CREDENCE RESOURCE MANAGEMENT, LLC…

Court: United States District Court, Middle District of Florida

Date published: Oct 1, 2024

3:24-cv-639-MMH-MCR (M.D. Fla. Oct. 1, 2024)

Opinion

3:24-cv-639-MMH-MCR

10-01-2024

LAQUANDA THOMAS, Plaintiff, v. CREDENCE RESOURCE MANAGEMENT, LLC, Defendant.

MONTE C. RICHARDSON, UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION ^{[ 1 ]}

1 “Within 14 days after being served with a copy of [this Report and Recommendation], a party may serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2). “A party may respond to another party's objections within 14 days after being served with a copy.” Id. A party's failure to serve and file specific objections to the proposed findings and recommendations alters the scope of review by the District Judge and the United States Court of Appeals for the Eleventh Circuit, including waiver of the right to challenge anything to which no specific objection was made. See Fed.R.Civ.P. 72(b)(3); 28 U.S.C. § 636(b)(1)(B); 11th Cir. R. 3-1.

MONTE C. RICHARDSON, UNITED STATES MAGISTRATE JUDGE

THIS CAUSE is before the Court in light of its July 17, 2024 Order, which directed Plaintiff to show cause, in writing, on or before July 31, 2024, why this action should not be recommended for dismissal. (Doc. 4 at 2.) Despite being warned that “[f]ailure to respond to [the] Order by the deadline [would] likely result in a recommendation that the case be dismissed without further notice,” Plaintiff has not responded. (Id.) Likewise, Plaintiff has also failed to comply with this Court's June 28, 2024 Order, which struck Plaintiff's Complaint, directing her to file an Amended Complaint on or before July 8, 2024. (Doc. 3 at 6.) However, to date, Plaintiff has neither filed an Amended Complaint² nor showed cause as to why this matter should not be recommended for dismissal.

2 Consequently, this action has been without an operative pleading since June 28, 2024, and Plaintiff has not engaged with this proceeding since June 24, 2024.

Based on the foregoing, Plaintiff has failed to comply with this Court's Orders (Docs. 3, 4) and to “prosecute diligently.” M.D. Fla. R. 3.10. Thus, the undersigned recommends that this action be dismissed.

Accordingly, it is RECOMMENDED that this case be DISMISSED without prejudice and the Clerk of Court be directed to terminate any pending motions and close the file.

DONE AND ENTERED.

The Hon. Marcia Morales Howard, United States District Judge