Bosnic v. McCabe et al

Filing 32

ORDER adopting 31 Report and Recommendations; granting in part and denying in part 23 Motion to dismiss. The Complaint 1 is dismissed without prejudice. Not later than 8/24/2018, Plaintiff may file an amended complaint that addresses the concerns stated in the Report and Recommendation. Not later than 9/21/2018, Defendants must respond to the amended complaint. Signed by Judge Timothy J. Corrigan on 8/1/2018. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ZIJAD BOSNIC,
Plaintiff,
v.

Case No. 3:17-cv-826-J-32JBT

CHRISTOPHER WRAY, Director of
the Federal Bureau of Investigation,
in his official capacity, CHARLES
H. KABLE, IV , Director of the
Terrorism Screening Center, in his
official capacity, DAVID PEKOSKE,
Administrator of the Transportation
Security Administration, in his
official capacity, KEVIN K.
MCALEENAN, Acting
Commissioner United States
Customs and Border Protection; in
his official capacity, and RUSSELL
E. TRAVERS, Acting Director of the
National Counterterrorism Center,
in his official capacity,
Defendants.

ORDER
This case is before the Court on the Defendants’ Motion to Dismiss, (Doc.
23). On July 10, 2018, the assigned United States Magistrate Judge issued a
Report and Recommendation (Doc. 31) recommending that the Motion to

Dismiss be granted in part and denied in part, the complaint be dismissed
without prejudice, and that Plaintiff be given twenty days to file an amended
complaint. No party has filed an objection to the Report and Recommendation,
and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72(b); M.D. Fla. R. 6.02(a).
Upon de novo review of the file and for the reasons stated in the Report
and Recommendation (Doc. 31), it is hereby
ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 31)

is ADOPTED as the opinion of the Court.
2.

Defendants’ Motion to Dismiss (Doc. 23) is GRANTED in part and

DENIED in part as stated in the Report and Recommendation.
3.

The Complaint, (Doc. 1), is DISMISSED without prejudice.

4.

Not later than August 24, 2018, Plaintiff may file an amended

complaint that addresses the concerns stated in the Magistrate Judge’s Report
and Recommendation. Not later than September 21, 2018, Defendants must
respond to the amended complaint.

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DONE AND ORDERED in Jacksonville, Florida this 1st day of August,
2018.

TIMOTHY J. CORRIGAN
United States District Judge

jb
Copies to:
Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of record

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