SISKOS v. DEPARTMENT OF CORRECTIONS

Filing 45

ORDER OF DISMISSAL (re: 42 Report and Recommendation, 44 Objection to Report and Recommendation, and 43 Motion for Extension of Time to Amend) - The report and recommendation is accepted. The second amended complaint is dismissed. The plaintiff may file a third amended complaint by 6/28/2018. Signed by JUDGE ROBERT L HINKLE on 5/30/2018. (ckm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

WILLIAM JAMES SISKOS,
Plaintiff,
v.

CASE NO. 4:17cv186-RH/GRJ

SECRETARY, DEP’T OF
CORRECTIONS,
Defendant.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 42, the objections, ECF No. 44, and the plaintiff’s
motion for leave to file a third amended complaint. I have reviewed de novo the
issues raised by the objections.
The report and recommendation correctly concludes that the second
amended complaint fails to state a claim on which relief can be granted. This order
accepts the recommendation and dismisses the second amended complaint. The
motion for leave to file a third amended complaint does not include allegations that
would cure the deficiency. But this order gives the plaintiff leave to file a third

Case No. 4:17cv186-RH/GRJ

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amended complaint. If the third amended complaint is deficient, judgment will be
entered; the plaintiff should not expect to be granted leave to file a fourth amended
complaint.
For these reasons,
IT IS ORDERED:
1. The report and recommendation is accepted.
2. The second amended complaint is dismissed.
3. The plaintiff may file a third amended complaint by June 28, 2018.
SO ORDERED on May 30, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:17cv186-RH/GRJ