Matthews v. Quick Freelancers et al

Filing 14

ORDER denying without prejudice 9 Motion to Proceed In Forma Pauperis; adopting 13 Report and Recommendations. If Plaintiff wishes to proceed, he must file an amended complaint and motion to proceed in forma pauperis in accordance with the attached order within thirty (30) days or this case will be dismissed and closed without further notice. Signed by Judge William F. Jung on 5/8/2024. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOHN KIRK MATTHEWS,
v.

Plaintiff,

Case No. 8:23-cv-2277-WFJ-TGW

QUICK FREELANCERS and
JAMIE BAXTER,
Defendants.
___________________________________/
ORDER
This cause comes before the Court on Plaintiff’s application to proceed in
forma pauperis (Dkt. 9) and the complaint (Dkt. 1). The United States Magistrate
Judge issued a report recommending that the motion be denied without prejudice
and that the complaint be dismissed with leave to file an amended complaint. Dkt.
13. The time for filing objections has passed.
The Court reviews the legal conclusions de novo in the absence of an
objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation
omitted); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). The
magistrate judge found that the complaint (Dkt. 1) fails to allege sufficient facts to
state claims for either a hostile work environment or retaliation in violation of Title
VII of the Civil Rights Act. Dkt. 13 at 2–6. The complaint also fails to comply
with the pleading requirements of Federal Rules of Civil Procedure 8(a)(2) and

10(b) as explained. Dkt. 13 at 6–7. After conducting an independent examination
of the file, the Court agrees with the well-reasoned Report and Recommendation
and rules as follows:
1. The Report and Recommendation (Dkt. 13) is adopted, confirmed, and
approved in all respects and made a part of this order.
2. Plaintiff’s motion to proceed in forma pauperis (Dkt. 9) is denied without
prejudice.
3. Plaintiff’s complaint (Dkt. 1) is dismissed without prejudice. If Plaintiff
wishes to proceed, he must file an amended complaint and motion to proceed in
forma pauperis in accordance with the Report and Recommendation within thirty
(30) days. The amended complaint must comply with the Federal Rules of Civil
Procedure and set forth the basis for federal jurisdiction supported by factual
allegations. If an amended complaint is not timely filed, this case will be
dismissed and closed without further notice.
DONE AND ORDERED at Tampa, Florida, on May 8, 2024.

COPIES FURNISHED TO:
Plaintiff, pro se

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