Higgins v. Hamilton County Child Protection Service

Filing 13

ORDER adopting 4 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Plaintiff's Complaint is DISMISSED, without prejudice. The Court notes that Plaintiff has already filed an Amended Complaint. See Doc 6. Therefore, there is no reason to give Plaintiff twenty-one (21) days to file an amended complaint. The Court accepts Plaintiff's Amended Complaint, as the complaint filed in response to the Report and Recommendation. A ruling on Plaintiff Pauletta Higgins' Motion for Leave to Proceed In Forma Pauperis 3 is DEFERRED, pending the Magistrate Judge's review of the Amended Complaint. Signed by Judge Charlene Edwards Honeywell on 6/23/2014. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PAULETTA HIGGINS,
Plaintiff,
v.

Case No: 6:14-cv-832-Orl-36TBS

HAMILTON COUNTY CHILD
PROTECTION SERVICE, KIM
SEXTON, ALEXANDRIA PATSFALL,
JULIE HARRISON, ERNEST LEE,
MARJORIE DAVIS, ERICKA DORITY,
KACY EVES, BRENDA ANTHONY,
KRISTA LONG, TIFFANY FREED,
GLORIA CAMPBELL, ALLISON
MCWORTHER, KIM HAFFORD,
TAMIKA MOORE and BRITTANIE
DUDLEY,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. Smith on June 3, 2014 (Doc. 4). In the Report and Recommendation,
Magistrate Judge Smith recommends that the Court dismiss, without prejudice, Plaintiff's
complaint and that Plaintiff be given leave to file an amended complaint within twenty-one (21)
days. Judge Smith further recommends that Plaintiff's Motion to Proceed In Forma Pauperis be
carried until Plaintiff has had an opportunity to amend her complaint.
All parties were furnished copies of the Report and Recommendation and were afforded
the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.

The Court agrees with the Magistrate Judge that Plaintiff has failed to establish subject matter
jurisdiction and failed to sufficiently plead a cause of action. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 4) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Plaintiff’s Complaint is DISMISSED, without prejudice. The Court notes that
Plaintiff has already filed an Amended Complaint. See Doc 6. Therefore, there is
no reason to give Plaintiff twenty-one (21) days to file an amended complaint. The
Court accepts Plaintiff’s Amended Complaint, as the complaint filed in response to
the Report and Recommendation.

(3)

A ruling on Plaintiff Pauletta Higgins’ Motion for Leave to Proceed In Forma
Pauperis (Doc. 3) is DEFERRED, pending the Magistrate Judge’s review of the
Amended Complaint.

DONE AND ORDERED at Orlando, Florida on June 23, 2014.

Copies to:
The Honorable Thomas B. Smith
Counsel of Record

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