POWER

v.

CHROMADEX, INC.

M.D. Fla. | 2022-09-20

No. 6:22-cv-747

District Court, M.D. Florida (2022)

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Holding

The Court adopts the Magistrate Judge's recommendation to dismiss the complaint for lack of subject matter jurisdiction, but modifies the dismissal to be without prejudice.

Facts & Procedural History

Plaintiff filed a pro se complaint and moved to proceed in forma pauperis. A Magistrate Judge recommended dismissal with prejudice for lack of jurisdi…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Timeliness Of Objections Objections Report And Recommendation Timeliness

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Opinion of the Court

Plaintiff filed a pro se Second Amended Complaint (Doc. 15 (“Complaint”)) and moved to proceed in forma pauperis. (Doc. 2 (“Motion”).) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation that the Court deny the Motion and dismiss the Complaint with prejudice for lack of jurisdiction and without leave to amend, as Plaintiff has had multiple opportunities to replead. (Doc. 16 (“R&R”).) The parties did not timely object¹ and the deadline has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). The district judge “may accept, reject, or modify, in whole or in part, the findings or

Reg’l Healthcare Sys., 524 F. 3d 1229, 1232 (11th Cir. 2008). So the Complaint is due to be dismissed without prejudice. The Court adopts the rest of Judge Hoffman Price’s recommendations. Accordingly, it is ORDERED AND ADJUDGED:

1. The R&R (Doc. 16) is ADOPTED IN PART AND REJECTED IN PART: a. The portion of the R&R in which Judge Hoffman Price

recommends the Complaint be dismissed with prejudice is

REJECTED.

b. The R&R is otherwise ADOPTED. 2. Plaintiff’s Motion (Doc. 2) is DENIED.

3. This case is DISMISSED WITHOUT PREJUDICE and without leave to amend.

4. The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 20, 2022.

a ROY B. DALTON JR’ United States District Judge

Copies: Pro se Plaintiff Lynda Power

Footnotes

1 Plaintiff objected to the R&R on August 22, 2022—past the fourteen-day deadline. (See Doc. 17); 28 U.S.C. § 636(b)(1). As Plaintiff provided no reason for her belated objection, the Court does not consider her arguments. recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Judge Hoffman Price recommends that the Complaint be dismissed with prejudice for failure to establish subject matter jurisdiction. (See Doc. 16, pp. 8–10, 14.) The Court agrees the Complaint should be dismissed but “dismissal for lack of subject matter jurisdiction . . . is entered without prejudice.” Stalley v. Orlando

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Citator

Authorities Cited

Stalley v. Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229 (11th Cir. 2008)

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POWER v. CHROMADEX, INC.