WHEELER
v.
DEPARTMENT OF VETERANS AFFAIRS
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's application to proceed in forma pauperis and dismissing the complaint without prejudice.
Plaintiff filed a complaint and an application to proceed in forma pauperis. The magistrate judge recommended denying the application and dismissing t…
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v. CASE NO. 8:22-cv-2818-WFJ-MRM
DEPARTMENT OF VETERANS
AFFAIRS,
Defendant. _____________________________________/
ORDER
This cause comes before the Court on Plaintiff’s application to proceed in forma pauperis (Dkt. 2) and the complaint (Dkt. 1). The magistrate judge issued a report recommending in forma pauperis status be denied without prejudice and the complaint be dismissed without prejudice to refiling. Dkt. 3. The time for filing objections has passed. The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). The magistrate judge, in a thorough analysis, found that the complaint (Dkt. 1) does not demonstrate why this Court has jurisdiction over her claims. For the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court concludes that the Report and Recommendation (Dkt. 3) should be adopted as part of this Order, confirmed, and approved in all respects. Accordingly, the Court rules as follows: 1. The Report and Recommendation (Dkt. 3) is adopted, confirmed, and approved in all respects and made a part of this order. 2. Plaintiff’s motion to proceed in forma pauperis (Dkt. 2) is denied without prejudice. If Plaintiff amends her complaint, she must file an updated affidavit of indigency as explained in the report and recommendation. The Clerk is directed to send Plaintiff a copy of the AO 240 Application to Proceed in District Court
Without Payment of Fees or Costs (Short Form). 3. Plaintiff’s complaint (Dkt. 1) is dismissed without prejudice. Plaintiff shall file an amended complaint, if so desired, in accordance with the Report and
Recommendation no later than January 27, 2023. If an amended complaint is not timely filed, this matter will be dismissed and closed without further notice. DONE AND ORDERED in Tampa, Florida, on January 6, 2023. s/William F. Jung
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Plaintiff, pro se