Opinion
5:23-CV-346
05-17-2023
SHANEE A. LEWIS, Plaintiff, v. US GOVERNMENT, Protect Citizens, Defendant.
SHANEE A. LEWIS Plaintiff, Pro Se
SHANEE A. LEWIS Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, United States District Judge
On March 20, 2023, pro se plaintiff Shanee A. Lewis (“plaintiff') filed this civil action against defendant “U.S. Government” using one of this District's form complaints for claims arising under Title VII of the Civil Rights Act of 1964. Dkt. No. 1. Broadly construed, plaintiff appears to allege that the U.S. Government failed to protect her from unspecified violations of her civil rights. Id. Along with her complaint, plaintiff sought leave to proceed in forma pauperis (“IFP Application”). Dkt. No. 2. Plaintiff also moved for the appointment of legal counsel to assist her in this litigation. Dkt. No. 3.
On April 28, 2023, U.S. Magistrate Judge Miroslav Lovric granted plaintiffs IFP Application for the purpose of filing, denied without prejudice plaintiffs motion for the appointment of counsel, and advised by Report & Recommendation (“R&R”) that the complaint be dismissed as frivolous. Dkt. No. 5. As Judge Lovric explained, plaintiffs pleading airs a seriatim list of tenuously connected grievances related to her life experiences, but the events are not presented in a way that can be meaningfully analyzed to determine whether any cognizable legal claims might be stated. Id. In light of her pro se status, Judge Lovric recommended that plaintiff be given an opportunity to amend her pleading to conform with the baseline pleading requirements. Id.
Plaintiff has not filed objections. The time period in which to do so has expired. See Dkt. No. 5. Upon review for clear error, the R&R will be accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. Plaintiffs complaint is DISMISSED with leave to amend;
3. Plaintiff shall have thirty days in which to amend her pleading in accordance with the detailed pleading instructions on page 10 of Judge Lovric's R&R;
4. If plaintiff files an amended complaint within the thirty-day deadline, the pleading shall be returned to Judge Lovric for an initial review;
5. If plaintiff does not file an amended complaint within the thirty-day deadline, the Clerk is directed to enter a judgment dismissing this action without further order of the Court.
IT IS SO ORDERED.