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Tamayo v. Soc. Sec. Admin.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Jan 29, 2021
Case No.: 1:21-cv-20009-UU/LMR (S.D. Fla. Jan. 29, 2021)

Opinion

Case No.: 1:21-cv-20009-UU/LMR

01-29-2021

LUIS TAMAYO, ROLANDO GUERRA, and JORGE MALAGON, Plaintiffs, v. SOCIAL SECURITY ADMINISTRATION, et al., Defendants.

Copies provided: Plaintiffs, pro se


ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION

This Cause is before the Court upon Plaintiffs' pro se Complaint (D.E. 1) Plaintiffs' pro se Motion for Leave to Proceed In Forma Pauperis (D.E. 3) (the "Motion").

THE COURT has considered the Motion and is otherwise fully advised in the premises.

This matter was referred to Magistrate Judge Lisette M. Reid, who, on January 8, 2021 issued a Report (the "Report") (D.E. 4) recommending that this case be dismissed without prejudice because: (1) Plaintiffs cannot bring a pro se class action; (2) relatedly, pro se litigants may not represent the interests of others; and (3) the Complaint fails to state a claim.

Plaintiffs, who were given fourteen days to file objections to the Report, did not file objections. See LoConte v. Dugger, 847 F.2d 145 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988) (holding that failure to file timely objections bars the parties from attacking factual findings on appeal).

Upon de novo review, the Court agrees with Magistrate Judge Reid's recommendations and concurs in all her findings. Accordingly, it is hereby

ORDERED AND ADJUDGED that the Report, D.E. 4, is RATIFIED, ADOPTED, and AFFIRMED. It is further

ORDERED AND ADJUDGED that the Motion, D.E. 3, is DENIED. This case is DISMISSED WITHOUT PREJUDICE. It is further

ORDERED AND ADJUDGED that this case is CLOSED.

DONE AND ORDERED in Chambers in Miami, Florida this 29th day of January, 2021.

/s/_________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE Copies provided:
Plaintiffs, pro se


Summaries of

Tamayo v. Soc. Sec. Admin.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Jan 29, 2021
Case No.: 1:21-cv-20009-UU/LMR (S.D. Fla. Jan. 29, 2021)
Case details for

Tamayo v. Soc. Sec. Admin.

Case Details

Full title:LUIS TAMAYO, ROLANDO GUERRA, and JORGE MALAGON, Plaintiffs, v. SOCIAL…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Date published: Jan 29, 2021

Citations

Case No.: 1:21-cv-20009-UU/LMR (S.D. Fla. Jan. 29, 2021)