Clark v. United States

CHARLES J. KAHN, JR. UNITED STATES MAGISTRATE JUDGE

This matter is before the court upon referral from the clerk. On June 26, 2015, counsel for the United States of America filed a Notice of Settlement indicating that plaintiff's claims under the Federal Tort Claims Act had been settled. (Doc. 7). As a result, on June 30, 2015, the court issued an order directing plaintiff to file, within thirty days, a notice with the court confirming that his claims had been settled. (Doc. 8). Alternatively, the court informed plaintiff he could file a notice of voluntary dismissal with prejudice. (Id.). To date, plaintiff has not filed a notice with the court. Based on plaintiff's failure to confirm or deny that a settlement has been reached in this case, the undersigned recommends that plaintiff's claims be dismissed with prejudice and that the court retain jurisdiction over this case for sixty days.

Accordingly, it is respectfully RECOMMENDED:

1. That this action be DISMISSED WITH PREJUDICE.

2. That, in the event settlement is not consummated for any reason, the court reserve the power, upon motion filed by any party within sixty (60) days after the date this report and recommendation is adopted, to amend, alter, or vacate and set aside the order of dismissal.

At Pensacola, Florida, this 3rd day of August, 2015.

/s/ _________

CHARLES J. KAHN
, JR.

UNITED STATES MAGISTRATE JUDGE