UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61071-CIV-DIMITROULEAS

JOHNNIE LEE,

Plaintiff,

v.

ESA P PORTFOLIO OPERATING LESSEE, LLC, a Foreign Limited Liability Company d/b/a EXTENDED STAY AMERICA,

Defendant. _____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING COMPLAINT

THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate Judge Strauss [DE 31] (“Report”), dated March 18, 2021. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,

(11th Cir. 1988), cert. denied,

(1988); RTC v. Hallmark Builders, Inc.,

(11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions. Based on Plaintiff’s conduct, it appears that dismissal is appropriate as lesser sanctions would be inadequate. The Court will not impose additional sanctions, however, given Plaintiff’s indigency. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge’s Report [DE 31] is hereby ADOPTED and APPROVED; 2. Defendant’s Motion to Dismiss [DE 22] is GRANTED in part and DENIED in part in accordance with this Order; 3. This case is DISMISSED with prejudice; 4. Defendant’s request for additional sanctions is DENIED. 5. The Clerk is directed to CLOSE this case and DENY AS MOOT any pending motions. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 9" day of April, 2021. : f / a 4 4 ff % f ? LO enmmnle #4 v Paty d ‘4 ase □□ CA MAGIA AYN VILLIAM P. DIMITROULEAS United States District Judge

Copies furnished to: Magistrate Judge Strauss Counsel of record