Summary
dismissing complaint without leave to amend as frivolous
Summary of this case from Rogers v. BenedictOpinion
5:21-CV-1351
08-10-2022
MEGAN A. ROGERS, Plaintiff, v. U.S. DEPARTMENT OF THE TREASURY et al., Defendants.
MEGAN A. ROGERS Plaintiff, Pro Se
MEGAN A. ROGERS Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, United States District Judge
On December 17, 2021, pro se plaintiff Megan A. Rogers (“plaintiff') filed this civil action alleging that defendants violated her rights under, inter alia, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1983, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the implied cause of action set forth in Bivens v. Six Unknown Named Agent of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Dkt. No. 1. Along with her complaint, plaintiff filed motions (1) for leave to proceed in forma pauperis (“IFP Application”) and (2) to appoint counsel. Dkt. Nos. 3,4.
On March 28, 2022, U.S. Magistrate Judge Miroslav Lovric granted plaintiffs IFP Application, denied without prejudice her motion to appoint counsel, and advised by Report & Recommendation (“R&R”) that plaintiffs complaint be dismissed with leave to replead. Dkt. No. 5. That R&R was adopted over plaintiffs objections on April 21, 2022. Dkt. No. 8. Thereafter, plaintiff filed an amended complaint. Dkt. No. 9.
On July 13, 2022, Judge Lovric advised by R&R that plaintiffs amended complaint be dismissed without leave to amend as frivolous. Dkt. No. 11. As Judge Lovric explained, plaintiffs amended complaint remains “incoherent,” leaves the reader “unable to meaningfully analyze whether, and to what extent, Plaintiff has pleaded any colorable claim,” and “places an unjustified burden on the Court and, ultimately, on Defendants.” Id.
Plaintiff has not filed objections, and the time period in which to do so has expired. See Dkt. No. 11. Upon review for clear error, the R&R will be accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED; and
2. Plaintiffs complaint is DISMISSED without leave to amend.
The Clerk of the Court is directed to enter a judgment accordingly and close the file.
IT IS SO ORDERED.