Vazquez v. Ibizem et al
REPORT OF MAGISTRATE JUDGE on 42 USC 1983 case re 16 Amended Complaint filed by Jose N Vazquez. Recommending that this case be dismissed without prejudice. Objections to R&R due by 5/14/2009. Signed by Magistrate Judge Patrick A. White on 4/27/2009. (tw)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-23220-CIV-MORENO MAGISTRATE JUDGE P. A. WHITE JOSE N. VAZQUEZ, Plaintiff, v. MIKE IBIZEM, ET AL., Defendants. : : : : : REPORT OF MAGISTRATE JUDGE
Jose N. Vazquez has filed a second amended pro se civil rights complaint pursuant to 42 U.S.C. §1983. [DE# 16]. This second amended complaint was filed in response to the Court's second order directing the plaintiff to file an amended complaint to cure noted deficiencies. This latest amended complaint does not clearly delineate any constitutional claims, nor does it seek any relief. The plaintiff advises the Court that he has been released from prison, and due to language and other difficulties he cannot adequately detail his claims. He seeks the opportunity to retain an attorney.
As it is clear the plaintiff is unable to file a pleading that would even minimally comply with the Federal Rules of pleading, and because the plaintiff seeks the opportunity to retain an attorney, it is recommended that this case be dismissed without prejudice.
Objections to this report may be filed with the District Judge within ten days of receipt of a copy of the report. It is so recommended at Miami, Florida, this 27th day of April, 2009.
______________________________ UNITED STATES MAGISTRATE JUDGE cc: Jose N. Vazquez, Pro Se 303 E. 130 Avenue Tampa, FL 33612
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