Wilson v. Sarasota County Sheriff's Department

Full title: JESSICA WILSON, et al., Plaintiffs, v. SARASOTA COUNTY SHERIFF'S…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Jul 19, 2010

Case No. 8:10-cv-489-T-27EAJ (M.D. Fla. Jul. 19, 2010)

Opinion

Case No. 8:10-cv-489-T-27EAJ.

July 19, 2010

ORDER

JAMES WHITTEMORE, District Judge

BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge (Dkt. 11) recommending that Defendants' Motion to Dismiss (Dkt. 6) be granted. Plaintiffs have filed a self-styled "Answer for Motion to Dismiss" (Dkt. 12) which is construed as their objections to the Report and Recommendation.

After careful consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that

1) Plaintiffs' objections (Dkt. 12) are OVERRULED.

2) The Report and Recommendation (Dkt. 11) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

3) Defendants' motion to dismiss (Dkt. 6) is GRANTED.

4) Plaintiffs' complaint (Dkt. 2) is DISMISSED without prejudice. Plaintiffs are granted leave to file an amended complaint by July 29, 2010. Failure to file a timely amended complaint will result in the dismissal of this action for lack of prosecution without further notice.