NELSON
v.
KELLY SERVICES
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The district court adopted a magistrate judge's report and recommendation dismissing Nelson's complaint against Kelly Services without prejudice and denying her motion to proceed in forma pauperis, both without prejudice. The plaintiff was given leave to amend the complaint and file a new motion to proceed in forma pauperis by June 9, 2025.
The court adopted the magistrate judge's report and recommendation in full, dismissing the complaint without prejudice with leave to amend and denying the motion to proceed in forma pauperis without prejudice with leave to file a new motion. The plaintiff was directed to file an amended complaint and motion to proceed without costs by June 9, 2025.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report for clear error.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation.”
Establishes the standard of review for district court consideration of magistrate judge reports and recommendations.
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Join FLexlaw to unlock all legal intelligenceNelson filed a complaint against Kelly Services (Case No. 8:24-cv-2810-TPB-SPF) and simultaneously filed a motion to proceed in forma pauperis. A magi…
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This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on April 18, 2025. (Doc. 3). Judge Flynn recommends that Plaintiff's complaint (Doc. 1) be dismissed without prejudice, and that her motion to proceed in forma pauperis (Doc. 2) be denied without prejudice. No objection to the report and recommendation has been filed, and the time to object has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th
Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Flynn's well-reasoned report and recommendation, the Court adopts the report and recommendation in full. Consequently, the complaint is dismissed without prejudice, with leave to amend. The motion to proceed in forma pauperis is denied without prejudice, with leave to file a new motion along with the amended complaint.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) Judge Flynn's report and recommendation (Doc. 3) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
(3) Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED
WITHOUT PREJUDICE.
(4) On or before June 9, 2025, Plaintiff is directed to file an amended complaint that sets forth factual allegations establishing a claim for relief and a motion to proceed without costs. Failure to file an amended complaint as directed will result in this Order becoming a final judgment.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th day of May, 2025.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)