MATTHEWS
v.
QUICK FREELANCERS
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Matthews sued Quick Freelancers and Jamie Baxter for employment discrimination. The district court adopted a magistrate judge's recommendation to dismiss the complaint for failure to state claims under Title VII and for failing to comply with pleading rules, permitting amendment.
The district court adopted the magistrate judge's recommendation and held that the complaint fails to state a claim for hostile work environment or retaliation under Title VII and fails to comply with pleading requirements. The complaint was dismissed without prejudice to allow amendment.
“the complaint (Dkt. 1) fails to allege sufficient facts to state claims for either a hostile work environment or retaliation in violation of Title VII of the Civil Rights Act”
Establishes the basis for dismissal - lack of sufficient factual allegations to support the legal claims
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Join FLexlaw to unlock all legal intelligenceMatthews filed a complaint against Quick Freelancers and Jamie Baxter. The complaint allegedly raised claims for hostile work environment and retaliat…
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This cause comes before the Court on Plaintiff's application to proceed in forma pauperis (Dkt. 9) 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.
13. 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) fails to allege sufficient facts to state claims for either a hostile work environment or retaliation in violation of Title VII of the Civil Rights Act. Dkt. 13 at 2-6. The complaint also fails to comply with the pleading requirements of Federal Rules of Civil Procedure 8(a)(2) and
10(b) as explained. Dkt. 13 at 6–7. 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. 13) is adopted, confirmed, and approved in all respects and made a part of this order.
2. Plaintiff's motion to proceed in forma pauperis (Dkt. 9) is denied without prejudice.
3. Plaintiff's complaint (Dkt. 1) is dismissed without prejudice. If Plaintiff wishes to proceed, he 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 8, 2024.
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Plaintiff, pro se