Summary
granting leave to amend to state amount-in-controversy
Summary of this case from Dibble v. AvrichOpinion
Case No. 8:09-CV-1898-T-27AEP.
March 5, 2010
ORDER
BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge (Dkt. 53). No party has filed objections to the Report and Recommendation.
After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED AND ADJUDGED:
1) The Report and Recommendation (Dkt. 53) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2) Defendants Dane Miller, John Bosco, and Merrily Miller's motions to dismiss (Dkts. 15, 19, 23) are GRANTED, and Plaintiffs' claims against Defendants Dane Miller, John Bosco, and Merrily Miller are DISMISSED WITHOUT PREJUDICE.
3) Defendants Dane Miller and John Bosco's Motions for Judgment (Dkts. 44, 45) are DENIED as moot.
4) Plaintiff's Motions for Judgment (Dkts. 24, 26, 29) are DENIED.
5) Plaintiff's Motion for Default Judgment against Defendant Support Collection Unit, Westchester County (Dkt. 47) is DENIED as moot.
6) Defendant Social Security Administration's Motion to Dismiss (Dkt. 40) is GRANTED. Plaintiffs' claims against the Social Security Administration are DISMISSED for lack of subject matter jurisdiction.
7) Plaintiff's claims against Defendant Support Collection Unit, Westchester County are DISMISSED WITHOUT PREJUDICE.
The Magistrate Judge relied on American United Life Ins. Co. v. Martinez, 480 F.3d 1043 (11th Cir. 2007), as authority for a sua sponte dismissal under Fed.R.Civ.P. 12(b)(6). As Plaintiff has been granted leave to proceed in forma paurperis, 28 U.S.C. § 1915(e) further supports the Magistrate Judge's recommendation. See 28 U.S.C. § 1915(e)(2) ("Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . (B) the action . . . (ii) fails to state a claim on which relief may be granted. . . .") (emphasis added).
8) On or before March 26, 2010, Plaintiff may file an amended complaint that corrects the deficiencies set forth in the Report and Recommendation and complies with Rule 8(a) of the Federal Rules of Civil Procedure and other applicable rules. Failure to file an amended complaint will result in dismissal of the action without further notice.