Conklin v. State Department of Children and Family Service et al

Filing 49

ORDER adopting Report and Recommendations re 46 Report and Recommendations. Defendant Kids Central, Inc.'s Motion to Dismiss (Doc. No. 12) is GRANTED in part. The Motion to Dismiss on Behalf of the Florida Statewide Guardian Ad Litem Progra m, Nicole Henry, Ronald Gamble, Circuit Judge Michael Takac and Circuit Judge Heidi Davis (Doc. No. 21) is GRANTED in part. The Complaint is dismissed without prejudice. Plaintiff shall file an Amended Complaint within twenty-eight (28) days from t he date of this Order. Plaintiff's counsel's Motion to Withdraw Appearance (Doc. No. 38) is GRANTED. Attorney Kevin Coles shall provide a copy of this Order to Plaintiff and thereafter be relieved of his duties as to representing Plaintif f in this matter. This case is transferred to the Ocala Division of the Middle District of Florida. The Clerk of the Court is directed to: 1) mail a copy of this Order to the Plaintiff at 171 Oak Avenue, Torrington, CT 06790; 2) transfer this case to the Ocala Division; and 3) thereafter close this file. Signed by Judge John Antoon II on 6/7/2012. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARY D. CONKLIN,
Plaintiff,
-vs-

Case No. 6:12-cv-541-Orl-28KRS

ANNELISE POTACZALA-DANIELS, et al,
Defendants.
_____________________________________/

ORDER
This case is before the Court on Defendant Kids Central, Inc.’s Motion to Dismiss
(Doc. No. 12) filed August 19, 2011, Motion to Dismiss on Behalf of the Florida Statewide
Guardian Ad Litem Program, Nicole Henry, Ronald Gamble, Circuit Judge Michael Takac
and Circuit Judge Heidi Davis (Doc. No. 21) filed September 16, 2011, and Motion to
Withdraw Appearance (Doc. No. 38), filed April 25, 2012. The United States Magistrate
Judge has submitted a report recommending that the motions to dismiss be granted in part,
and the motion to withdraw be granted.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed,1 the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1

A “Notice of No Objection to Report & Recommendation” was filed by counsel for
Plaintiff on May 22, 2012 (Doc. 47). On June 7, 2012, Plaintiff filed a document titled “Motion
to Stop Notice of No Objection to Report & Recommendation.” (Doc. 48). The Court
interprets this “Motion” to be an Objection to the Report and Recommendation, which is
untimely. The Objection is overruled.

1.

That the Report and Recommendation filed May 17, 2012 (Doc. No. 46) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Defendant Kids Central, Inc.’s Motion to Dismiss (Doc. No. 12) is GRANTED

in part.
3.

The Motion to Dismiss on Behalf of the Florida Statewide Guardian Ad Litem

Program, Nicole Henry, Ronald Gamble, Circuit Judge Michael Takac and Circuit Judge
Heidi Davis (Doc. No. 21) is GRANTED in part.
4.

The Complaint is dismissed without prejudice. Plaintiff shall file an Amended

Complaint within twenty-eight (28) days from the date of this Order.
5.

Plaintiff’s counsel’s Motion to Withdraw Appearance (Doc. No. 38) is

GRANTED. Attorney Kevin Coles shall provide a copy of this Order to Plaintiff and
thereafter be relieved of his duties as to representing Plaintiff in this matter.
6.

All future filings in this case shall be sent to Plaintiff at the following address:

Mary D. Conklin,171 Oak Avenue, Torrington, CT., 06790. For reference purposes, her
telephone numbers are 860-618-3539 and 352-434-1215 (cellular). Her email address is
[e-mail].
7.

This case is transferred to the Ocala Division of the Middle District of Florida.

8.

The Clerk of the Court is directed to: 1) mail a copy of this Order to the Plaintiff

at the address stated above; 2) transfer this case to the Ocala Division; and 3) thereafter
close this file.

-2-

DONE and ORDERED in Chambers, Orlando, Florida this __7th___ day of June,
2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

-3-