Bostick v. Sheriff of Orange County, Florida Sheriffs Office et al

Filing 33

ORDER adopting 32 Report and Recommendations; denying 28 motion to amend/correct. Signed by Judge Roy B. Dalton, Jr. on 5/11/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TYRONE BOSTICK,
Plaintiff,
v.

Case No. 6:15-cv-1533-Orl-37GJK

DEPUTY LATASHA McGUIRE;
DEPUTY JOHN DOE 1; and DEPUTY
JOHN DOE 2,
Defendants.
ORDER
This matter is before the Court on the following:
1. Plaintiff’s Amended Motion for Leave to File Second Amended Complaint and
Memorandum of Law (Doc. 28), filed February 6, 2016;
2. Defendant Deputy Latasha McGuire’s Response to Plaintiff’s Amended
Motion for Leave to File Second Amended Complaint and Memorandum of
Law (Doc. 29), filed February 12, 2016; and
3. The Report and Recommendation of U.S. Magistrate Judge Gregory J. Kelly
(Doc. 32), filed April 20, 2016.
This civil rights and state tort action was initiated by Plaintiff Tyrone Bostick in the
Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida
(“State Court”). (Doc. 1-2.) Defendant Deputy Latasha McGuire (“Deputy McGuire”)
and former Defendant Sheriff Jerry L. Demings (“Sheriff Demings”) removed the action
to this Court (Doc. 1) and then moved to dismiss Plaintiff’s State Court Complaint
(Docs. 6, 7.) In accordance with Federal Rule of Civil Procedure 15(a)(1), Plaintiff filed
an Amended Complaint asserting claims against Deputy McGuire and two “DOE”
Defendants, but not against Sheriff Demings. (See Doc. 13.) Deputy McGuire then

moved to dismiss the Amended Complaint (“Rule 12 Motion”). (Doc. 16.) Plaintiff
opposed the Rule 12 Motion (Doc. 20) and requested leave to file a Second Amended
Complaint (Doc. 28 (“Rule 15 Motion”)). Deputy McGuire opposed the Rule 15 Motion
(Doc. 29) and answered the Amended Complaint (Doc. 31).
In an Order dated March 25, 2016, the Court dismissed Count Twenty-One of
the Amended Complaint and otherwise denied the Rule 12 Motion. (Doc. 30.) Pursuant
to 28 U.S.C. § 636(b)(1)(B), the Rule 15 Motion was referred to U.S. Magistrate Judge
Gregory J. Kelly, who issued a Report and Recommendation on April 20, 2016, which
advises that the Rule 15 Motion should be denied (“Report”). (Doc. 32.) No party has
objected to the Report, and the deadline to do so passed on May 9, 2016. See Fed. R.
Civ. P. 72(b)(2); Local Rule 6.02(a). Upon review, the Court finds that the Report is
thorough, well-reasoned, and is due to be approved and adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1.

The Report and Recommendation of U.S. Magistrate Judge Gregory J.
Kelly (Doc. 32) is APPROVED and ADOPTED as the Order of this Court.

2.

Plaintiff’s Amended Motion for Leave to File Second Amended Complaint
and Memorandum of Law (Doc. 28) is DENIED.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2016.

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Copies:
Counsel of Record

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