Schlip v. Department of Veterans Affairs

Filing 4

ORDER adopting 3 Report and Recommendations; Plaintiff has until 11/21/16 to file an Amended Complaint. So Ordered by Chief Judge William E. Smith on 10/20/2016. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
DEPARTMENT OF VETERANS AFFAIRS,
)
)
Defendant.
)
___________________________________)
JOEL SCHLIP,

C.A. No. 16-421 S

ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation

(R&R)

on

September

7,

2016

(ECF

No.

3),

recommending that the Court dismiss Plaintiff’s Complaint (ECF
No. 1) based on the Court’s lack of subject matter jurisdiction
and for failure to state a claim.

Magistrate Judge Sullivan

also recommended that Plaintiff be provided with an opportunity
to cure the pleading’s deficiencies.

Having heard no objections

and having carefully reviewed the Complaint and R&R, the Court
accepts the R&R.
this

Order

to

Plaintiff has thirty days from the date of
file

an

Amended

deficiencies articulated in the R&R.

Complaint

that

cures

the

If Plaintiff does not cure

the deficiencies, or fails to file an Amended Complaint within
thirty days of this Order, then the Complaint will be dismissed

with prejudice.
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: October 20, 2016

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