Davis v. Commercial Metals Company

Filing 4

ORDER adopting 3 the Report and Recommendation, granting 2 Plaintiff's Motion to Proceed In Forma Pauperis, dismissing 1 the Complaint without prejudice, and directing the clerk to send Plaintiff a copy of 3 the Report and Recommendation with this Order. No later than 8/5/2024, Plaintiff may file an amended complaint. See Order for details. Signed by Judge Timothy J. Corrigan on 7/8/2024. (VNG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION RAMSEY DAVIS, Plaintiff, v. Case No. 3:24-cv-7-TJC-LLL COMMERCIAL METALS COMPANY, Defendant. ORDER This case is before the Court on a Report and Recommendation, Doc. 3. The assigned United States Magistrate Judge recommends denying Plaintiff’s Motion to Proceed In Forma Pauperis, dismissing the Complaint without prejudice, and permitting Plaintiff to file a second motion and an amended complaint. Id. The Magistrate Judge finds that Plaintiff likely qualifies as a pauper but fails to state a claim on which relief can be granted. Id. at 4–5. Plaintiff has not filed an objection, and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Upon de novo review of the file and for the reasons stated in the Report and Recommendation, Doc. 3, it is hereby ORDERED: 1. The Report and Recommendation of the Magistrate Judge, Doc. 3, is ADOPTED as the opinion of the Court to the following extent. 2. Plaintiff’s Motion to Proceed In Forma Pauperis, Doc. 2, is GRANTED. 3. The Complaint, Doc. 1, is DISMISSED without prejudice. No later than August 5, 2024, Plaintiff may file an amended complaint curing the deficiencies described in the Report and Recommendation. If Plaintiff fails to timely file an amended complaint, this case will be automatically dismissed without further notice. 4. The clerk should send Plaintiff a copy of the Report and Recommendation, Doc. 3, along with this Order. DONE AND ORDERED in Jacksonville, Florida, the 8th day of July, 2024. vng Copies to: The Honorable Laura Lothman Lambert United States Magistrate Judge Ramsey Davis 6001 Argyle Forest Blvd Suite 21 Jacksonville, FL 32244 2

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