PHILIP R. LAMMENS, District Judge.
This pro se Plaintiff filed this action against Defendant and moved the Court to proceed in forma pauperis. (Doc. 2). On April 8, 2016, I issued a Report and recommended that Plaintiff's claims under the FMLA and for defamation be dismissed for lack of subject matter jurisdiction; Plaintiff's claims for criminal violations and conspiracy to commit crimes be dismissed for failure to state a claim; and the remaining so-called "EEO" claims be dismissed for failure to state a claim, but with leave to amend if Plaintiff could do so in good faith. (Doc. 12). Plaintiff then filed an amended complaint that contained only the "EEO" claims (Doc. 14). Before the Court addressed the amended complaint, Plaintiff filed a motion seeking leave to file a second amended complaint, asserting only "EEO" claims. (Doc. 27).
I have now reviewed Plaintiff's second amended complaint, as required by 28 U.S.C. § 1915(e)(2), and his Affidavit of Indigency (Doc. 3), and find that Plaintiff is unable to pay the costs of this action pursuant to 28 U.S.C. § 1915(a), and that the second amended complaint
1. Plaintiff's motion for leave to file a second amended complaint (Doc. 27) is
Plaintiff is advised that no further amendments to the complaint shall be permitted by the Court unless, as required by Rule 15 of the Federal Rules of Civil Procedure, the opposing party provides written consent to the amendment or "justice so requires" the amendment, and Plaintiff files a separate motion for leave to so amend and provides a copy of the proposed amended complaint. See also Local Rule 4.01, M.D. Fla.
2. It appears that Defendant has waived service by moving to dismiss the initial complaint. Within
3. Within
4. Plaintiff's Affidavit of Indigency (Doc. 28) which the Court construes as a motion to proceed in forma pauperis is
5. Plaintiff's motions for the appointment of counsel (Docs. 3, 15, 24, 29) are
The Court's website (www.flmd.uscourts.gov) has a section designed to assist litigants who are proceeding without the assistance of a lawyer. Plaintiff is advised to consult it thoroughly to familiarize himself with the requirements of federal court practice. Indeed, Plaintiff is cautioned that despite proceeding pro se, he is required to comply with this Court's Local Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. Plaintiff may obtain a copy of the Local Rules from the Court's website (http://www.flmd.uscourts.gov) or by visiting the Office of the Clerk of Court. Also, resources and information related to proceeding in court without a lawyer, including a handbook entitled Guide for Proceeding Without a Lawyer, can be located on the Court's website (http://www.flmd.uscourts.gov/pro_se/default.htm).
In addition, the Jacksonville Chapter of the Federal Bar Association operates a pilot program in Jacksonville where pro se litigants may meet with a lawyer for free to receive guidance about their federal lawsuits. The program is open on Tuesdays from 11:00 a.m.-1:00 p.m. in the United States Courthouse in Jacksonville. If Plaintiff is able to come to Jacksonville to meet with a lawyer in that program, he should contact the Jacksonville Division Clerk's Office at (904) 549-1916 to make an appointment.
6. The remaining motions related to previous versions of Plaintiff's complaint (Docs. 6, 12, 17, 19, 20) are