Holmes v. Secretary of State of Washington DC

United States District Court for the Middle District of Florida

Holmes v. Secretary of State of Washington DC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LISA RENEA HOLMES, Plaintiff,

v. Case No. 8:25-cv-88-KKM-NHA

SECRETARY OF STATE OF WASHINGTON DC,

Defendant.

ORDER In an April 3, 2025, report (Doc. 5), the United States Magistrate Judge rec- ommends denial of pro se plaintiff Lisa Renea Holmes’s motion to proceed in forma pauperis, (Doc. 3), and dismissal of this action without prejudice. The deadline to object has passed without an objection.

After conducting a careful and complete review of the findings and recom- mendations, a district judge may accept, reject, or modify a magistrate judge’s Report

and Recommendation.

28 U.S.C. § 636

(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review of that factual issue. ,

952 F.2d 1567

, 1576

(11th Cir. 1992). The district court reviews legal conclusions de novo, even absent an objection. ,

37 F.3d 603, 604

(11th Cir. 1994);

,

379 F. Supp. 3d 1244, 1246

(M.D. Fla. 2019).

Absent an objection and after reviewing the factual allegations and legal con- clusions, the Court adopts the Magistrate Judge’s recommended disposition. Holmes fails to cite any law that would give her a basis for relief against the Secretary.

As a result, Holmes fails to state a claim upon which relief may be granted. This means that Holmes’s motion to proceed in forma pauperis must be denied and that

her complaint must be dismissed.

28 U.S.C. § 1915

(e)(2)(B). Finally, although a plaintiff is ordinarily afforded a chance to amend her com-

plaint, the deficiencies in Holmes’s complaint are not “curable.” ,

885 F.3d 1289, 1291

(11th Cir. 2018). Holmes’s complaint names the “Secretary of State of Washington, DC,” (Doc. 1) at 1, but it is not clear

whether she means the United States Secretary of State or the Secretary of the Dis- trict of Columbia. Either way, nothing in her complaint, which primarily discusses

harms that Holmes allegedly suffered at St. Mary’s Medical Center in West Palm Beach, Florida, is plainly connected to either of those officials. Any amendment

would therefore be futile.

Accordingly, the following is ORDERED:

1. The Magistrate Judge’s recommended disposition (Doc. 5) is

ADOPTED.

2. Holmes’s Motion to Proceed In Forma Pauperis (Doc. 3) is DENIED.

3. Holmes’s action is DISMISSED WITHOUT PREJUDICE. 4. The Clerk is directed to enter judgment, which shall read “This case is

dismissed without prejudice.” 5. The Clerk is directed to CLOSE this case and mail Holmes a copy of

this Order.

ORDERED in Tampa, Florida, on April 21, 2025.

athryn’Kimball Mizelle United States District Judge

Reference

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