Opinion

Dodd v. St. Petersburg College Board of Trustees

Court
District Court, M.D. Florida
Filed
May 7, 2021
Cited by
0 cases

The opinion

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

BRIAN DODD,

Plaintiff,

v. Case No: 8:20-cv-2824-CEH-JSS

ST. PETERSBURG COLLEGE

BOARD OF TRUSTEES,

Defendant.

/

ORDER

This cause comes before the Court upon the Report and Recommendation filed

by Magistrate Judge Julie S. Sneed on March 11, 2021 (Doc. 14). In the Report and

Recommendation, Magistrate Judge Sneed recommends that:

1. Plaintiff’s Motion for Leave to Proceed in Forma Pauperis (Dkt. 2) be denied

without prejudice;

2. Plaintiff’s case be dismissed without prejudice and with leave to file a

complaint that complies with the Federal Rules of Civil Procedure. See Bryant v.

Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001); and

3. Plaintiff’s amended complaint, if any, be due within twenty (20) days of the

date of this Order.

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.

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. 14) 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 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 within twenty (20)

days from the date of this Order that complies with the Federal Rules of

Civil Procedure. See Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir.

2001) (“Generally, where a more carefully drafted complaint might state

a claim, a plaintiff must be given at least one chance to amend the

complaint before the district court dismisses the action with prejudice.”)

(internal quotation and citation omitted). Failure to file an amended

complaint within the time provided will result in this case being

dismissed without further notice from the Court.

DONE AND ORDERED at Tampa, Florida on May 7, 2021.

Chakene Charts Mo TL ol yell

Charlene Edwards Honeywell

United States District Judge

Copies to:

The Honorable Julie S. Sneed

Counsel of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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