Slocum v. Matyas

Slocum v. Matyas

Plaintiff:	Michael Slocum
Defendant:	Garrett Matyas
Case Number:	6:2013cv01934
Filed:	December 18, 2013
Court:	US District Court for the Middle District of Florida
Office:	Orlando Office
County:	Orange
Presiding Judge:	Charlene Edwards Honeywell
Presiding Judge:	Karla R. Spaulding
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	None

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Date Filed	Document Text
January 14, 2014	Filing 4 ORDER adopting 3 the Report and Recommendation of the Magistrate Judge. Plaintiff's Complaint 1 is DISMISSED without prejudice. Plaintiff is granted leave to file an Amended Complaint, accompanied by either payment of the filing fee or a c ompleted application for leave to proceed in forma pauperis, within FOURTEEN (14) DAYS from the date of this Order. In the Amended Complaint, Plaintiff should clearly allege the legal basis of the cause(s) of action he wishes to pursue, whether a co nstitutional provision, treaty, statute, or common law cause of action. To the extent Plaintiff continues to allege age discrimination in violation of the ADEA, he should not name Matyas as a defendant unless he also alleges facts showing that Matya s qualifies as an "employer" within the meaning of the ADEA. Rather, he should name the company that allegedly failed to interview him as a defendant. Plaintiff should also allege facts supporting his causes of action and showing that the y are plausible. Plaintiff's Motion for leave to proceed in forma pauperis 2 is DENIED without prejudice to refiling it with an Amended Complaint. Failure to file an Amended Complaint within the time provided may result in this case being closed without further notice. Signed by Judge Charlene Edwards Honeywell on 1/14/2014. (BGS)

Date Filed

Document Text

January 14, 2014

Filing 4 ORDER adopting 3 the Report and Recommendation of the Magistrate Judge. Plaintiff's Complaint 1 is DISMISSED without prejudice. Plaintiff is granted leave to file an Amended Complaint, accompanied by either payment of the filing fee or a c ompleted application for leave to proceed in forma pauperis, within FOURTEEN (14) DAYS from the date of this Order. In the Amended Complaint, Plaintiff should clearly allege the legal basis of the cause(s) of action he wishes to pursue, whether a co nstitutional provision, treaty, statute, or common law cause of action. To the extent Plaintiff continues to allege age discrimination in violation of the ADEA, he should not name Matyas as a defendant unless he also alleges facts showing that Matya s qualifies as an "employer" within the meaning of the ADEA. Rather, he should name the company that allegedly failed to interview him as a defendant. Plaintiff should also allege facts supporting his causes of action and showing that the y are plausible. Plaintiff's Motion for leave to proceed in forma pauperis 2 is DENIED without prejudice to refiling it with an Amended Complaint. Failure to file an Amended Complaint within the time provided may result in this case being closed without further notice. Signed by Judge Charlene Edwards Honeywell on 1/14/2014. (BGS)

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Defendant: Garrett Matyas
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Plaintiff: Michael Slocum
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