CHERRETTE v. TALLAHASSEE CENTRAL OFFICE

Filing 7

REPORT AND RECOMMENDATION re 4 Amended Complaint filed by MICHAEL DUANE CHERRETTE : It is recommended that Pltf's 1 complaint be DISMISSED as frivolous, and that the order adopting this report and recommendation direct the clerk of court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 4/13/2009. Internal deadline for referral to district judge if objections are not filed earlier: 5/11/2009. (jws)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MICHAEL DUANE CHERRETTE, Plaintiff, vs. TALLAHASSEE CENTRAL OFFICE, et al, Defendants. / REPORT AND RECOMMENDATION Plaintiff has filed a 47 page amended complaint against a number of individuals, but he fails to assert any specific claims against them. (Doc. 4). His pleading is practically one long, rambling compilation of words, and it is the opinion of the undersigned that requesting an amended complaint would not be productive. He does not identify any laws or rights he claims were violated and asks for no specific relief. A court may dismiss a case proceeding in forma pauperis if the complaint fails to state a claim upon which relief may be granted. 28 U.S.C. 1915A. The Court is required to dismiss a complaint at any time if it is determined to be frivolous. 28 U.S.C. 1915(e)(2)(B)(I). Typically, a court should serve the complaint and have benefit of the defendant's response before making such a determination, but there are compelling reasons for immediately dismissing frivolous suits by prisoners since they unduly burden the courts, obscure meritorious claims, and require innocent parties to expend CASE NO. 1:08CV250-SPM/AK Page 2 of 2 significant resources in their defense. Williams v. Secretary for the Department of Corrections, 131 Fed. Appx. 682, 686 (11th Cir. 2005). Dismissal prior to service is also appropriate when the Court determines from the face of the complaint that the factual allegations are clearly baseless or that the legal theories are indisputably meritless. Williams, supra; Carroll v. Gross, 984 F.2d 392, 393 (11th Cir. 1993). In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's complaint, doc. 1, be DISMISSED as frivolous, and that the order adopting this report and recommendation direct the clerk of court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). IN CHAMBERS at Gainesville, Florida, this 13th day of April, 2009. s/A.Kornblum ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations. No. 1:08CV250-SPM/AK

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