Rosario v. Walters et al

Filing 62

ORDER denying as moot 50 Motion to transfer case; Granting 51 motion to dismiss; Adopting Report and Recommendations - re 53 Report and Recommendations. This case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/1/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MILCA O. ROSARIO,
Plaintiff,
v.

Case No: 6:16-cv-1492-Orl-41DCI

BARBARA WALTERS and WARNER
BROTHERS STUDIOS,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Defendant Warner Brothers Studios’ Motion to
Dismiss Amended Complaint (Doc. 51). Magistrate Judge Danial C. Irick submitted a Report and
Recommendation (“R&R,” Doc. 53), in which he recommends that the Motion to Dismiss be
granted and that this case be dismissed with prejudice. Plaintiff filed an Objection (Doc. 54) to the
R&R, to which Defendant filed a Response (Doc. 55).
After a de novo review, this Court agrees with the analysis in the R&R. Plaintiff’s
Objection is largely incomprehensible, appears to be an attempt to object to an order entered in
Case No. 6:15-cv-1656-Orl-41GJK, and does not otherwise establish error—clear or otherwise—
with respect to the R&R. Plaintiff’s Amended Complaint fails to comply with the Federal Rules
of Civil Procedure or the Local Rules of the Middle District of Florida, does not state a
comprehensible, cognizable claim, and is otherwise frivolous.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 53) is ADOPTED and CONFIRMED and
made a part of this Order.

Page 1 of 2

2. Defendant Warner Brothers Studios’ Motion to Dismiss Amended Complaint (Doc.
51) is GRANTED.
3. This case is DISMISSED with prejudice.
4. The Motion to Transfer (Doc. 50) is DENIED as moot.
5. Plaintiff is warned that sanctions may be imposed if she continues to file Complaints
that are frivolous or fail to comply with the Federal Rules of Civil Procedure and the
Middle District of Florida Local Rules.

6. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on June 1, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

Page 2 of 2