Steelman v. State Of Florida et al

Filing 8

ORDER adopting 7 Report and Recommendation of the Magistrate Judge. The Complaint 1 is DISMISSED for failure to state a claim upon which relief can be granted. Plaintiff Connie Steelman's Motion to Proceed In Forma Pauperis 2 is DENIED as moot. The Clerk is directed to terminate all deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 5/30/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CONNIE STEELMAN,
Plaintiff,
v.

Case No: 6:13-cv-357-Orl-36DAB

STATE OF FLORIDA, RCI, RCI AFFILIATES,
GORDON GURNIK,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by United
States Magistrate Judge David A. Baker on May 9, 2013 (Doc. 7).

In the Report and

Recommendation, Judge Baker recommends that the Court deny pro se Plaintiff Connie
Steelman’s (“Plaintiff”) Motion for Leave to Proceed In Forma Pauperis (Doc. 2). Doc. 7, pp.
2-5. Neither party has objected to the Report and Recommendation and the time to do so has
expired.
On February 19, 2013, Magistrate Judge Baker issued a Report and Recommendation in
Connie Steelman v. State of Florida, et. al., Case No: 6:13-cv-123-Orl-36DAB, recommending
dismissing Plaintiff’s Complaint and denying her Motion for Leave to Proceed In Forma
Pauperis because the Complaint failed to state a claim for relief under the Americans with
Disabilities Act, 42 U.S.C. § 12112 (“ADA”).

See 6:13-cv-123-Orl-36DAB, Doc. 4.

Specifically, Plaintiff did not make any allegations against the State of Florida, failed to allege
the location of the real property where she allegedly experienced discrimination, failed to show
that Defendants RCI, RCI Affiliates, or Gordon Gurnick are owners or operators of such real
property, and the allegations that she plans to return to the property are insufficient to establish a

real and immediate threat of future injury. Id. at 4; see Doc. 1. Accordingly, on March 18, 2013,
this Court dismissed Plaintiff’s Complaint and denied her Motion for Leave to Proceed In Forma
Pauperis in 6:13-cv-123. See Case No: 6:13-cv-123, Doc. 4.
However, before the Court approved Magistrate Judge Baker’s Report and
Recommendation in Case No: 6:13-cv-123, Plaintiff filed an identical Complaint in this action
which was transferred to the undersigned. See Docs. 2-4. The Court is in agreement with the
Magistrate Judge that Plaintiff’s Complaint in this action, which appears to be identical to the
Complaints filed in 6:13-cv-123, suffers from the same deficiencies previously identified. Doc.
7; see Doc. 1. Further, the Court agrees with Magistrate Judge Baker that it appears Plaintiff
cannot state a claim against these Defendants and her Complaint should be dismissed. Id. at 4.
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. 7) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2. The Complaint (Doc. 1) is DISMISSED for failure to state a claim upon which
relief can be granted.
3. Plaintiff Connie Steelman’s Motion to Proceed In Forma Pauperis (Doc. 2) is
DENIED as moot.
4. The Clerk is directed to terminate all deadlines and close this case.

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DONE and ORDERED in Orlando, Florida on May 30, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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