Tyler et al v. Florida Department of Children and Families et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 3 Motion for Leave to Proceed in forma pauperis filed by Joy Tyler, Robert Lisby, Jr., 4 Motion for Referral to Volunteer Attorney Program filed by Joy Tyler, Robert Lisby, Jr., 7 Report a nd Recommendations, ; denying without prejudice 3 Motion for Leave to Proceed in forma pauperis ; denying 4 Motion for Referral to Volunteer Attorney Program; Adopting 7 Report and Recommendations on 3 Motion for Leave to Proceed in forma pauperis filed by Joy Tyler, Robert Lisby, Jr., 4 Motion for Referral to Volunteer Attorney Program filed by Joy Tyler, Robert Lisby, Jr., 7 Report and Recommendations, Closing Case. Motions terminated: 4 MOTION for Referr al to Volunteer Attorney Program filed by Joy Tyler, Robert Lisby, Jr., 3 MOTION for Leave to Proceed in forma pauperis filed by Joy Tyler, Robert Lisby, Jr., 7 REPORT AND RECOMMENDATIONS re 3 MOTION for Leave to Proceed in forma pauperis filed by Joy Tyler, Robert Lisby, Jr., 4 MOTION for Referral to Volunteer Attorney Program filed by Joy Tyler, Robert Lisby, Jr.. Signed by Judge Jose E. Martinez on 9/15/2022. See attached document for full details. (pc)

Case 2:22-cv-14140-JEM Document 8 Entered on FLSD Docket 09/15/2022 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION
Case Number: 22-14140-CIV-MARTINEZ-MAYNARD
JOY TYLER and ROBERT LISBY, JR.,
Plaintiffs,
v.
FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES, et al.,
Defendants.

/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
THE MATTER was referred to the Honorable Shaniek M. Maynard, United States
Magistrate Judge, for a Report and Recommendation on all dispositive matters. (ECF No. 6.) On
August 17, 2022, Magistrate Judge Maynard filed a Report and Recommendation recommending
that the Complaint, (ECF No. 1), be DISMISSED without prejudice; Plaintiffs’ Motion to Proceed
in District Court without Paying Fees or Costs, (ECF No. 3), be DENIED without prejudice; and
Plaintiffs’ Motion for Referral to Volunteer Attorney Program, (ECF No. 4), be DENIED without
prejudice. (See generally ECF No. 7.) This Court has reviewed the entire file and record and notes
that no objections have been filed, and the time to so object has long-passed. After careful
consideration, it is:
ADJUDGED

that

United

States

Magistrate

Judge

Maynard’s

Report

and

Recommendation, (ECF No. 7), is AFFIRMED and ADOPTED in its entirety. Accordingly, it is
ADJUDGED that:
1.

The Complaint, (ECF No. 1), is DISMISSED without prejudice.

2.

Plaintiffs have until and including Thursday, October 20, 2022, to file an

amended complaint that remedies the deficiencies outlined in Magistrate Judge Maynard’s
Report and Recommendation, (ECF No. 7). To ensure the amended complaint is filed in
the correct action, the amended complaint must include the case caption for this action and
Case Number: 22-14140-CIV-MARTINEZ-MAYNARD.

Case 2:22-cv-14140-JEM Document 8 Entered on FLSD Docket 09/15/2022 Page 2 of 2

3.

Plaintiffs are cautioned that their failure to timely file an amended complain in this

action may be grounds to close and dismiss this action without further notice.
4.

Plaintiffs’ Motion to Proceed in District Court without Paying Fees or Costs, (ECF

No. 3), is DENIED without prejudice.
5.

Plaintiffs’ Motion for Referral to Volunteer Attorney Program, (ECF No. 4), is

DENIED without prejudice.
6.

Plaintiff’s Motion for Leave to Proceed in forma pauperis, (ECF No. 3), is

DENIED as MOOT.
7.

Pending the filing of the amended complaint, if any, the Clerk is DIRECTED to

ADMINISTRATIVELY CLOSE this action for statistical purposes only. This shall not
affect the Parties’ substantive rights.
DONE AND ORDERED in Chambers at Miami, Florida, this 15th day of September, 2022.
____________________________________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE

Copies provided to:
Magistrate Judge Maynard
All Counsel of Record
Joy Tyler, pro se
Robert Lisby, Jr., pro se

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