Summary
finding dismissal without prejudice an appropriate sanction when the plaintiff disregarded the court's discovery orders
Summary of this case from Johnson v. FedEx Ground Package Sys.Opinion
Case No. 5:13cv261-MW/EMT
08-19-2015
MARK WALLACE FITZGERALD, Plaintiff, v. SEAN GILLIS, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 75, and has also reviewed de novo Plaintiff's Motion to Continue Court Proceedings or Appeal Dismissal, ECF No. 77, filed August 18, 2015, which this Court has construed as an objection to the report and recommendation. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "This action is DISMISSED without prejudice, pursuant to Rule 37(b)(2)(A), for Plaintiff's failure to comply with the Court's discovery orders." The Clerk shall close the file.
SO ORDERED on August 19, 2015.
s/ MARK E. WALKER
United States District Judge