Cooper v. Magyar

Full title: CORTLAND A. COOPER, Plaintiff, v. ROBERT MAGYAR, TODD RARICK and U-HAUL…

Court: United States District Court, Middle District of Florida

Date published: Jun 14, 2022

8:22-cv-859-CEH-JSS (M.D. Fla. Jun. 14, 2022)

Opinion

8:22-cv-859-CEH-JSS

06-14-2022

CORTLAND A. COOPER, Plaintiff, v. ROBERT MAGYAR, TODD RARICK and U-HAUL MARKETING COMPANY OF TAMPA BAY, Defendants.

Charlene Edwards Honeywell, United States District Judge.0

ORDER

Charlene Edwards Honeywell, United States District Judge.0

This cause comes before the Court upon the Report and Recommendation, filed by Magistrate Judge Julie S. Sneed on May 23, 2022 (Doc. 5). In the Report and Recommendation, Magistrate Judge Sneed recommends that: (1) Plaintiff's construed Motion for Leave to Proceed in Forma Pauperis (Dkt. 2) be denied without prejudice; and (2) Plaintiff's complaint (Dkt. 1) be dismissed without prejudice and with leave to file an amended complaint that complies with the Federal Rules of Civil Procedure and sets forth the basis for the court's jurisdiction. It is also recommended that the amended complaint, if any, be due within twenty (20) days.

Plaintiff was furnished a copy of the Report and Recommendation and was afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed.

Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now

ORDERED AND ADJUDGED:

(1) The Report and Recommendation of the Magistrate Judge (Doc. 5) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review.

(2) Plaintiff's construed Motion for Leave to Proceed in Forma Pauperis (Dkt. 2) is DENIED without prejudice.

(3) Plaintiff's complaint (Dkt. 1) is DISMISSED without prejudice.

(4) Plaintiff is granted leave to file an amended complaint that complies with the Federal Rules of Civil Procedure and sets forth the basis for the court's jurisdiction. The amended complaint shall be filed within twenty (20) days of the date of this Order. Failure to file an amended complaint within the time frame indicated will result in this matter being dismissed without further notice from the Court.

DONE AND ORDERED.