Dodd et al v. United States of America et al

Filing 7

ORDER adopting 4 --REPORT AND RECOMMENDATION; denying 2 --motion by Brian Dodd for leave to proceed in forma pauperis; denying 3 --motion by Claude William Jaggers for leave to proceed in forma pauperis; dismissing complaint without prejudice; amended complaint due 2/15/2010. Signed by Judge Steven D. Merryday on 1/29/2010. (BK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION BRIAN DODD, TIMOTHY VAUGHN KEMP, and CLAUDE WILLIAMS JAGGERS, Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants. __________________________________/ ORDER The plaintiff, Brian Dodd, files a "complaint" (Doc. 1) for a declaratory judgment of "torture, cruelty and inhuman treatment, human trafficking, false imprisonment, employment discrimination, disability discrimination, stalking, kidnapping, official misconduct, R.I.C.O., defamation of character, obstruction of justice, conspiracy against rights, copyright infringement, consumer and insurance fraud, behavior modification, medical malpractice, negligence, lost wages, hazardous products, clemency, punitive and compensatory damages, and injunctive relief" apparently arising from a drug treatment program called Straight Incorporated ("Straight, Inc."). Dodd purports to act as the "litigant for [the] plaintiffs" and requests other extraordinary relief. (Doc. 1) CASE NO.: 8:10-cv-21-T-23TGW

Additionally, Dodd and Jaggers move (Docs. 2-3) for leave to proceed in forma pauperis ("IFP").1 Magistrate Judge Thomas G. Wilson recommends (Doc. 4) denial of both motions and dismissal of the "complaint" with leave to amend. Dodd objects (Doc. 6) to certain parts of the report and recommendation. A de novo determination of those portions of the report and recommendation to which the plaintiff objects reveals that the objections either are unfounded or otherwise require no different resolution. Accordingly, the report and recommendation (Doc. 4) is ADOPTED and the motions (Docs. 2-3) are DENIED. The "complaint" (Doc. 1) is DISMISSED WITHOUT PREJUDICE. The plaintiffs are granted leave to file an amended complaint (1) that complies with the Local Rules and the Federal Rules of Civil Procedure, (2) that contains a short and plain statement of a claim on which relief may be granted, and (3) that is otherwise free of any malicious, frivolous, or scandalous matter, no later than February 15, 2010. Failure to comply with this order will result in dismissal without further notice. ORDERED in Tampa, Florida, on January 29, 2010.

1

The statute governing proceedings in forma pauperis, 28 U.S.C. § 1915, provides that:

[n]othwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action . . . (i) is frivolous or malicious . . . (ii) fails to state a claim on which relief may be granted . . . or (iii) seeks monetary relief against a defendant who is immune from such relief.

-2-