Wilson v. Bank of America

Filing 20

ORDER overruling 15 --objections; adopting 14 REPORT AND RECOMMENDATIONS; denying 2 , 10 , and 11 --motions to proceed in forma pauperis; dismissing 9 --amended complaint; denying as moot 13 --motion to dismiss; denying 16 --mot ion to strike and for summary judgment; denying 18 --motion in support of summary judgment and motion to strike; amended complaint due 11/14/2016; filing fee due 11/14/2016. Signed by Judge Steven D. Merryday on 10/31/2016. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FREDDIE WILSON,
Plaintiff,
v.

CASE NO. 8:16-cv-2102-T-23AAS

BANK OF AMERICA,
Defendant.
____________________________________/

ORDER
The magistrate judge recommends (Doc. 14) denying Freddie Wilson’s
motion (Doc. 11) to proceed in forma pauperis and recommends dismissing the
action for failing to state a claim.* Wilson objects (Doc. 15) to the report and
recommendation. A de novo review of the report and recommendation reveals that
Wilson’s objections are unfounded, unpersuasive, or anticipated by the magistrate
judge. Accordingly, Wilson’s objections (Doc. 15) are OVERRULED, and the
report and recommendation (Doc. 14) is ADOPTED. Wilson’s motions (Docs. 2,
10, and 11) to proceed in forma pauperis are DENIED. Wilson’s amended complaint
(Doc. 9) is DISMISSED. Bank of America’s motion (Doc. 13) to dismiss is
DENIED AS MOOT. Wilson’s motion (Doc. 16) to “strike Bank of America
Motion to Dismiss and Entry of Summary Judgment” is DENIED. Wilson’s motion
*

Specifically, the magistrate judge finds that Wilson’s “affidavit demonstrates the
requisite inability to pay the filing fee” but that Wilson’s “Amended Complaint (Doc. 9) is
subject to dismissal because it fails to state a claim that invokes the Court’s jurisdiction and
is plausible on its face.” (Doc. 14 at 2)

(Doc. 18) “in Support of Summary Judgment and Motion to Strike Bank of America
Motion to Dismiss” is DENIED. No later than NOVEMBER 14, 2016, Wilson may
amend the complaint, which must adequately plead jurisdiction and state a
cognizable claim. Also, no later than NOVEMBER 14, 2016, Wilson must pay the
filing fee or file a new affidavit of indigency.
In preparing the amended complaint Wilson must comply with the Federal
Rules of Civil Procedure and the Local Rules. For example, Rule 8, Federal Rules of
Civil Procedure states that a complaint must include “(1) a short and plain statement
of the grounds for the court’s jurisdiction[;] . . . (2) a short and plain statement of the
claim showing that the pleader is entitled to relief; and (3) a demand for the relief
sought.” Also, Wilson is warned that litigation in federal court is difficult. Wilson’s
complaint suffers from deficiencies that suggest Wilson requires legal advice and
assistance from a member of The Florida Bar. The court cannot assist a party, even a
pro se party, in conducting a case. Therefore, Wilson is strongly advised to consult a
member of The Florida Bar.
ORDERED in Tampa, Florida, on October 31, 2016.

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