Dames v. West Palm Beach VA Medical Center

S.D. Florida

Dames v. West Palm Beach VA Medical Center

District Court, S.D. Florida·Decided October 18, 2022·No. 9:22-cv-80553·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. 22-80553-CIV-CANNON/Reinhart

DONTE DAMES,

Plaintiff, v.

WEST PALM BEACH VA MEDICAL CENTER and UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,

Defendants. ____________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Defendants’ Motion to Dismiss (the “Motion”) [ECF No. 10], filed on August 5, 2022. Pursuant to the Order of Referral [ECF No. 13], the Motion was referred to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. On September 2, 2022, Judge Reinhart issued a Report recommending that the Motion be granted but that Plaintiff be given an opportunity to amend the Complaint [ECF No. 15]. The Report also instructed the parties to file any objections on or before September 16, 2022 [ECF No. 15 p. 4]. Neither party filed any objections to the Report, and the time to do so has expired. Upon review, the Court finds the Report to be well-reasoned and correct. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 15] is ACCEPTED. 2. Defendants’ Motion to Dismiss [ECF No. 10] is GRANTED as recommended. 3. On or before November 1, 2022, Plaintiff shall file an Amended Complaint consistent with the Report [ECF No. 15]. CASE NO. 22-80553-CIV-CANNON/Reinhart

4. Any amended complaint must clearly set forth the allegations supporting each claim for relief; separate each cause of action or claim for relief into a different count; and clearly and specifically identify how the defendant is responsible for the alleged acts or omissions. In sum, the complaint must give the United States adequate notice of each claim against it and the grounds upon which each claim rests. See Weiland v. Palm Beach Cnty. Sheriff's Off, 792 F.3d 1313, 1321-23(1 1th Cir. 2015). DONE AND ORDERED in Chambers at Fort Pierce, Florida this 18th day of October 2022. AILEEN M. CANNON UNITED STATES DISTRICT JUDGE ce: counsel of record

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. 22-80553-CIV-CANNON/Reinhart

DONTE DAMES,

Plaintiff, v.

WEST PALM BEACH VA MEDICAL CENTER and UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,

Defendants. ____________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Defendants’ Motion to Dismiss (the “Motion”) [ECF No. 10], filed on August 5, 2022. Pursuant to the Order of Referral [ECF No. 13], the Motion was referred to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. On September 2, 2022, Judge Reinhart issued a Report recommending that the Motion be granted but that Plaintiff be given an opportunity to amend the Complaint [ECF No. 15]. The Report also instructed the parties to file any objections on or before September 16, 2022 [ECF No. 15 p. 4]. Neither party filed any objections to the Report, and the time to do so has expired. Upon review, the Court finds the Report to be well-reasoned and correct. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 15] is ACCEPTED. 2. Defendants’ Motion to Dismiss [ECF No. 10] is GRANTED as recommended. 3. On or before November 1, 2022, Plaintiff shall file an Amended Complaint consistent with the Report [ECF No. 15]. CASE NO. 22-80553-CIV-CANNON/Reinhart

4. Any amended complaint must clearly set forth the allegations supporting each claim for relief; separate each cause of action or claim for relief into a different count; and clearly and specifically identify how the defendant is responsible for the alleged acts or omissions. In sum, the complaint must give the United States adequate notice of each claim against it and the grounds upon which each claim rests. See Weiland v. Palm Beach Cnty. Sheriff's Off, 792 F.3d 1313, 1321-23(1 1th Cir. 2015). DONE AND ORDERED in Chambers at Fort Pierce, Florida this 18th day of October 2022. AILEEN M. CANNON UNITED STATES DISTRICT JUDGE ce: counsel of record

Dames v. West Palm Beach VA Medical Center, (S.D. Fla. 2022).

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