Ruzsa v McDonald

Filing 14

ORDER adopting Report and Recommendations - re 7 Report and Recommendations; Denying as moot 8 Motion for Leave to File; Denying as moot 9 Motion with Record Copy; Denying as moot 10 Motion for judgment; Denying 11 Motion for jud gment; Denying 13 Motion for judgment; Denying without prejudice 2 Motion for Leave to Proceed in forma pauperis. The Complaint (Doc. 1) is DISMISSED without prejudice. On or before January 9, 2017, Plaintiff shall file an Amended Complaint and Application to Proceed in District Court Without Prepaying. Signed by Judge Carlos E. Mendoza on 12/19/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ISTVAN RUZSA,
Plaintiff,
v.

Case No: 6:16-cv-1202-Orl-41KRS

MICHAEL J. MACDONALD,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Application to Proceed in District Court
Without Prepaying (“Motion to Proceed,” Doc. 2). United States Magistrate Judge Karla R.
Spaulding submitted a Report and Recommendation (“R&R,” Doc. 7), in which she recommends
that the motion be denied without prejudice and the Complaint (Doc. 1) be dismissed without
prejudice. Judge Spaulding further recommends that Plaintiff be given an opportunity to file an
amended pleading and motion for leave to proceed in forma pauperis.
After a de novo review of the record, and noting that no objections were timely filed, this
Court agrees with the analysis in the Report and Recommendation. Plaintiff will be given leave to
amend, but he is cautioned to carefully review the guidelines set forth in the R&R in doing so. The
Court notes that Plaintiff has filed numerous cases, many of which appear to seek the same or
similar relief. The time expended on such serial filings is a drain on judicial resources.
Accordingly, Plaintiff is placed on notice that failure to comply with the guidelines set forth in the
R&R, as well as all applicable local and federal rules, in crafting his amended pleading may result
in both the dismissal of this case and the issuance of a prescreening order on all future filings made
with this Court.

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Also before the Court are the following filings: Motion for Leave [to file] an Amended
Complaint and Renewed Motion to Proceed (Doc. 8); Plaintiff’s Motion with Record Copy (Doc.
9); and Plaintiff’s Motion to File [] Work Injuries Claims (Doc. 10). Because the Court has
determined that Plaintiff will be given leave to amend in accordance with the R&R, all subsequent
requests to amend his Complaint are moot.
Finally, Plaintiff has made the following additional filings: Plaintiff’s Motion for Judgment
(Doc. 11); and Plaintiff’s Motion for Judgment (Doc. 13). Therein, Plaintiff appears to request that
this case be transferred to the assigned Magistrate pursuant to 28 U.S.C. § 636(c) and that default
judgment be entered against Defendant. Plaintiff may not unilaterally consent to have this matter
heard by a magistrate judge. Additionally, Defendant has not been served and no default has been
entered against him, therefore a default judgment would be improper. Thus, Plaintiff’s motions
will be denied.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 7) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiff’s Application to Proceed in District Court Without Prepaying (Doc. 2) is
DENIED without prejudice.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. On or before January 9, 2017, Plaintiff shall file an Amended Complaint and
Application to Proceed in District Court Without Prepaying. Failure to timely file
documents that comply with the directives set forth in the R&R may result in the
dismissal of this case without further notice.

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5. Plaintiff’s Motion for Leave [to file] an Amended Complaint and Renewed Motion
to Proceed (Doc. 8); Plaintiff’s Motion with Record Copy (Doc. 9); and Plaintiff’s
Motion to File [] Work Injuries Claims (Doc. 10) are DENIED as moot.
6. Plaintiff’s Motion for Judgment (Doc. 11); and Plaintiff’s Motion for Judgment
(Doc. 13) are DENIED.
DONE and ORDERED in Orlando, Florida on December 19, 2016.

Copies furnished to:
Unrepresented Party

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