Green v. Voight et al

Filing 8

ORDER: This case is DISMISSED without prejudice. The Clerk is directed to close this case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/29/2016. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THEOPHILUS E. GREEN,
Plaintiff,
v.

Case No. 8:16-cv-203-T-33TGW

NANCY L. VOIGHT, UNITED STATES
ATTORNEY, UNITED STATES ATTORNEY
GENERAL, DEPARTMENT OF JUSTICE,
VETERAN AFFAIRS (VA),
COMMISSIONER OF SOCIAL SECURITY,
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, U.S. DEPARTMENT
OF TREASURY, and BLUE CROSS BLUE
SHIELD OF ILLINOIS,
Defendants.
______________________________/
ORDER
This cause comes before the Court sua sponte. On January
26, 2016, pro se Plaintiff Theophilus Green initiated this
lawsuit against various Defendants, including, but not limited
to, the United States Attorney, the Department of Justice, and
the

Commissioner

of

Social

Security,

and

in

connection

therewith, filed a Motion for a Temporary Restraining Order
and Motion for Leave to Proceed In Forma Pauperis. (Doc. ## 13).
On January 27, 2016, the Court denied the Motion for
Temporary

Restraining

Order,

highlighting

jurisdictional

deficits and warning Green that his Complaint “completely
fails to address, and accordingly, fails to establish, the

existence of all required elements” of his claims.

(Doc. # 5

at 3).
Thereafter, on February 8, 2016, the Honorable Thomas G.
Wilson, United States Magistrate Judge, entered a Report and
Recommendation on Green’s Motion for Leave to Proceed In Forma
Pauperis. (Doc. # 6).

Judge Wilson explained that Green’s

Complaint “is procedurally inadequate” because “there is not
a short and plain statement of the claim showing that the
plaintiff is entitled to relief or a statement of the grounds
upon which the court’s jurisdiction depends.” (Id. at 1-2).
Judge Wilson concluded that Green’s Complaint was subject to
dismissal

with

leave

to

amend

and

determined

that

the

Complaint, as pled, contained “no cogent allegation of a claim
for relief over which this court would have jurisdiction.”
(Id. at 2).
The Court gave Green an opportunity to object to Judge
Wilson’s Report and Recommendation, but Green did not file an
objection.

On February 26, 2016, this Court adopted Judge

Wilson’s Report and Recommendation by denying Green’s Motion
for Leave to Proceed In Forma Pauperis, dismissing Green’s
Complaint without prejudice, and granting Green until and
including March 28, 2016, to file an amended complaint. (Doc.
# 7). In that Order, the Court indicated, “Failure to file an
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amended complaint within this period will result in the
dismissal of the action without further notice.” (Id. at 2).
At

this

juncture,

Green

has

not

filed

an

amended

complaint and the deadline for him to do so has expired.

The

Court accordingly dismisses this case without prejudice and
directs the Clerk to close the case.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
This case is DISMISSED without prejudice.

The Clerk is

directed to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this
29th day of March, 2016.

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