Lewis v. U.S. Anesthesia Partners, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ULYSSES LEWIS, Plaintiff, v. Case No. 6:20-cv-647-Orl-37DCI U.S. ANESTHESIA PARTNERS, INC.; and ROBERT HALF INTERNATIONAL, INC., Defendants. _____________________________________ ORDER Plaintiff sued Defendants for violations of the Americans with Disabilities Act. (See Docs. 1, 24.) When Plaintiff’s counsel withdrew, U.S. Magistrate Judge Daniel C. Irick advised Plaintiff of the responsibilities of pro se litigants. (Doc. 39, ¶¶ 4–7.) Judge Irick also ordered Plaintiff to show cause why he should not be sanctioned, including dismissal, for failure to attend a hearing in the case. (Doc. 39 (“Show Cause Order”).)

Plaintiff didn’t respond to the Show Cause Order, so Judge Irick recommends dismissing the case for failure to prosecute. (Doc. 41 (“R&R”).)

The parties did not object to the R&R, and the time for doing so has now passed.

As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 41) is ADOPTED, CONFIRMED, and made a part of this Order.

2. Plaintiff's Amended Complaint (Doc. 24) is DISMISSED WITHOUT PREJUDICE for want of prosecution under Local Rule 3.10. If Plaintiff wishes to further pursue his claims, he must initiate a new action.

3. The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on December 7, 2020.

f] Se / rs # - nell ROY B. DALTON JR: United States District Judge Copies to: Counsel of Record Pro Se Party -2-