Opinion
2:22-cv-00026-JPH-DLP
07-07-2022
DOUGLAS J. BARNES, Plaintiff, v. BRANDON HUNSLEY J.C.B. Wealth Management, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
James Patrick Hanlon, United States District Judge
Magistrate Judge Doris Pryor has entered a Report and Recommendation, dkt. 11, recommending that the Court dismiss Mr. Barnes' complaint for failure satisfy the Federal Rule of Civil Procedure 8(a) "short and plain statement" requirement. Judge Pryor also recommended that Mr. Barnes be allowed until July 8, 2022, to file an amended complaint. Id. at 4. Mr. Barnes was given fourteen days to object to the report and recommendation. See Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1).
On June 30, 2022, Mr. Barnes filed a notice to the Court that he is "in the process of hiring an attorney," and reiterated his claims against Defendant. Dkt. 12. The Court construes this as an objection to the Report and Recommendation. The Court has considered both the Report and Recommendation and the objection and the now ADOPTS the Report and Recommendation as modified below.
The complaint is dismissed without prejudice for failure to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a).
Mr. Barnes shall have through August 2, 2022 to either (1) file an amended complaint or (2) file a motion for extension of time so that his counsel may appear and file an amended complaint on his behalf. Failure to take either action may result in this case being dismissed in its entirety.
SO ORDERED.