Thompson v. Quigley et al

Filing 12

ORDER adopting 11 Report and Recommendation of the Magistrate Judge. Plaintiff Jeffery K. Thompson's Amended Motion for Leave to Proceed In Forma Pauperis 8 is DENIED. This action is DISMISSED, without prejudice. The Clerk is directed to terminate all pending motions, enter judgment accordingly, and CLOSE this file. Signed by Judge Charlene E. Honeywell on 1/5/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JEFFREY K. THOMPSON,
Plaintiff,
v.

CASE NO. 2:11-CV-00648-FtM-36SPC

THOMAS A. QUIGLEY, M.D. and ADVANCED
MEDICAL OPTICS, INC. doing business as
TECNIS,
Defendants.
/

ORDER
This cause comes before the Court on the Report and Recommendation filed by Magistrate
Judge Sheri Polster Chappell, on December 15, 2011 (Doc. 11).

In the Report and

Recommendation, Judge Chappell recommends that Plaintiff Jeffrey K. Thompson’s (“Plaintiff”)
Amended Motion for Leave to Proceed In Forma Pauperis (Doc. 8) be denied. Neither party has
objected to the Report and Recommendation and the time to do so has expired.
This Court agrees with the Magistrate Judge in finding that Plaintiff’s Complaint fails to state
a federal cause of action. Though the amount in controversy is now satisfied, complete diversity
between the parties is lacking because Plaintiff is filing suit against another resident of Florida.
Thus, the Court lacks federal subject matter jurisdiction. Therefore, after careful consideration of
the Report and Recommendation of the Magistrate Judge, in conjunction with an independent
examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and
Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 11) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Plaintiff Jeffrey K. Thompson’s Amended Motion for Leave to Proceed In Forma
Pauperis (Doc. 8) is DENIED.

3.

This action is DISMISSED, without prejudice. The clerk is directed to terminate all
pending motions, enter judgment accordingly, and close this file.

DONE AND ORDERED at Ft. Myers, Florida, on January 5, 2012.

COPIES TO:
COUNSEL OF RECORD

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