Leach v. Hoffman

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JAMES R. LEACH, Plaintiff, v. Case No: 8:25-cv-1007-WFJ-SPF KURT HOFFMAN, ANTHONY ALLPORT, CARLA SMALL and LORI BETH CLARK, Defendants. / O R D E R Before the Court is Plaintiff James R. Leach’s pro se motion to proceed in forma pauperis (Dkt. 2), and the United States Magistrate Judge’s report recommending that the motion be denied and the Complaint (Dkt. 1) be dismissed with prejudice. Dkt. 3. In response, Plaintiff filed several papers: an Amended Complaint, another motion to proceed in forma pauperis, and a motion for leave to file evidence. The time for filing objections has passed.

When a party makes timely and specific objections to the report and recommendation of the magistrate judge, the district judge shall conduct a de novo review of the portions of the record to which objection is made. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Jeffrey S. State Bd. of Educ. of State of Ga., 896 F.2d 507, 512 (11th Cir. 1990). After such independent review, the Court may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Macort v. Prem., Inc., 208 F. App’x 781, 783–84 (11th Cir. 2006) (citing published opinion).

The Magistrate Judge, in a thorough and well-reasoned analysis, found that the Complaint (Dkt. 1) fails to satisfy basic pleading requirements in its factual or legal allegations, is unsigned, and is barred by res judicata. Dkt. 3. Having conducted a de novo and independent review of the file, and for the sound reasons explained in the Report and Recommendation, the Court rules as follows: 1. Plaintiff’s filings (Dkts. 4, 5, 6), to the extent they may be considered objections, are overruled.

2. The Report and Recommendation (Dkt. 3) is adopted, confirmed, and approved in all respects and made a part of this order.

3. Plaintiff’s motion to proceed in forma pauperis (Dkt. 2) is denied.

Plaintiff’s Complaint (Dkt. 1) is dismissed with prejudice.

4. The Clerk is directed to terminate any pending motions and to close the case.

DONE and ORDERED in Tampa, Florida on May 12, 2025.

s/William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE Copies furnished to: Plaintiff, pro se