Scotto v. Smiesk et al

Filing 6

ORDER denying without prejudice 2 Motion for leave to proceed in forma pauperis; adopting 3 Report and Recommendations. Plaintiff's Complaint 1 is DISMISSED without prejudice and with leave to file an amended complaint that complies with the Federal Rules of Civil Procedure. Should Plaintiff wish to file an amended complaint, it shall be filed within twenty (20) days of the date of this Order. Failure to file an amended complaint within the allotted time period shall result in the dismissal of this case without further notice. Signed by Judge James S. Moody, Jr. on 11/7/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LIVIA M. SCOTTO,
Plaintiff,
v.

Case No: 8:16-cv-2941-T-30JSS

JEFF SMIESK, BRETT HART, OSCAR
MUNOZ, GLENN F. TILTON, UNITED
STATES, UNITED AIRLINES, ERIC
HOLDER, DONALD VERRELLI, JR. ,
JOHN KERRY, SOCIAL SECURITY
ADMINISTRATION, OFFICE OF
GENERAL COUNSEL, DAVID BLACK,
LUCINDA DAVIS, DOROTHEY M.
GUY, ATTORNEY OF RECORD,
MICHELLE KANE, JUDGE LANCE,
JUDICIAL OFFICERS USBVA,
SECRETARY OF USVA, US COURT OF
VETERANS, THE CORPORATION
TRUST COMPANY, REED SMITH,
PRYOR CUSHMAN, CADES
SCHUTTE, DEELY KING PANG
HORIO, LEONG LEONG LEZY,
DOUGLAS THOMAS MOORE,
U.S.E.E.O.C., UNITED STATES EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION, U.S. DEPARTMENT OF
LABOR, DEPARTMENT OF
VETERANS AFFAIRS, BOARD OF
VETERANS AFFAIRS, MILES
MIYAMOTO, COUNSEL OF RECORD,
DAMON KEY, STATE OF HAWAII,
ROY GONSALVES, DONNA LEONG,
K. KANESHIRO, CORPORATION
COUNSEL, COLONEL HAN and
DEPARTMENT OF DEFENSE,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Julie S. Sneed (Dkt. #3). The Court notes that neither party
filed written objections to the Report and Recommendation and the time for filing such
objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate
Judge in conjunction with an independent examination of the file, the Court is of the
opinion that the Magistrate Judge's Report and Recommendation should be adopted,
confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Report and Recommendation (Dkt. #3) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2.

Plaintiff’s Motion for Leave to Proceed in Forma Pauperis (Dkt. #2) is

DENIED without prejudice.
3.

Plaintiff’s Complaint (Dkt. #1) is DISMISSED without prejudice and with

leave to file an amended complaint that complies with the Federal Rules of Civil Procedure.
See Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (“Generally, where a more
carefully drafted complaint might state a claim, a plaintiff must be given at least one chance
to amend the complaint before the district court dismisses the action with prejudice.”)
(internal quotation and citation omitted).

2

4.

Should Plaintiff wish to file an amended complaint, it shall be filed within

twenty (20) days of the date of this Order.
5.

Failure to file an amended complaint within the allotted time period shall

result in the dismissal of this case without further notice.
DONE and ORDERED in Tampa, Florida, this 7th day of November, 2016.

Copies Furnished To:
Counsel/Parties of Record
S:\Odd\2016\16-cv-2941 adopt 3.docx

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