GRIER
v.
IN TOWN SUITES CLERK
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court adopted the magistrate judge's report and recommendation, dismissing the complaint without prejudice and allowing the plaintiff 30 days to file an amended complaint.
Plaintiff filed a complaint and an application to proceed in forma pauperis. The magistrate judge recommended denying the motion and dismissing the co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Leave To Amend cases and more on FLexlaw
AMENDED ORDER [fn 1]
This cause comes before the Court on Plaintiff's application to proceed in forma pauperis (Dkt. 2) and the complaint (Dkt. 1). The United States Magistrate Judge issued a report recommending that the motion be denied without prejudice and that the complaint be dismissed with leave to file an amended complaint. Dkt.
11. The time for filing objections has passed.
The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). The magistrate judge found that the complaint (Dkt. 1) and the subsequently filed "Notice" (Dkt. 9) neither allege sufficient facts to state a legal claim nor
demonstrate a basis for federal subject matter jurisdiction. The report explains in detail Plaintiff's prior history of filing actions in the Middle District absent any basis for federal jurisdiction. Dkt. 11 at 2–4. After conducting an independent examination of the file, the Court agrees with the well-reasoned Report and Recommendation and rules as follows:
1. The Report and Recommendation (Dkt. 11) is adopted, confirmed, and approved in all respects (with one exception-Plaintiff will be allowed thirty (30) days to comply), and made a part of this order.
2. Plaintiff's motion to proceed in forma pauperis (Dkt. 2) is denied without prejudice.
3. Plaintiff's complaint (Dkt. 1) is dismissed without prejudice. If Plaintiff wishes to proceed, she must file an amended complaint and motion to proceed in forma pauperis in accordance with the Report and Recommendation within thirty (30) days. The amended complaint must comply with the Federal Rules of Civil Procedure and set forth the basis for federal jurisdiction supported by factual allegations. If an amended complaint is not timely filed, this case will be dismissed and closed without further notice.
DONE AND ORDERED at Tampa, Florida, on May 15, 2024.
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Plaintiff, pro se 2
[fn 1]: This order amends the due date set forth in the order of April 4, 2024, at docket 12.