MCCONLEY v. WELLS FARGO BANK NA et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
FORREST CRAIG MCCONLEY,
Plaintiff,
v. 	Case No.: 4:24cv484-MW/MAF
WELLS FARGO BANK, N.A.,
et al.,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 38, and has also reviewed de novo Plaintiff’s objections,
ECF No. 39. As noted in the report and recommendation, Plaintiff’s claims are time-
barred by the statute of limitations. In his objections, Plaintiff continues to assert that
his “fraud-based claims” are subject to the delayed-discovery doctrine, and thus,
they are not time-barred. But Plaintiff misapprehends the way this Court is required
to liberally construe pro se complaints at the pleading stage. Just because this Court
liberally construes a pro se pleading in the light most favorable to Plaintiff when
ruling on a motion to dismiss does not mean this Court is required to re-write
Plaintiff’s 	conclusory 	allegations 	and 	asserted 	claims 	to 	state 	the 	necessary
underlying facts that would allow Plaintiff to claim the benefit of the delayed-
discovery doctrine.
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Here, this Court cannot say with certainty that Plaintiff could never allege
facts 	giving 	rise 	to 	a 	claim 	for 	fraud, 	fraudulent 	concealment, 	fraudulent
misrepresentation, etc. But as alleged in the operative complaint, Plaintiff has not
done so, and this Court cannot ignore the facts and claims as alleged to allow
Plaintiff’s amended complaint to go forward notwithstanding the applicable statutes
of limitations.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 38, is accepted and adopted, over
the Plaintiff’s objections, as this Court’s opinion. The motions to dismiss, ECF No.
28 and 31, are GRANTED. The Clerk shall enter judgment stating, “Plaintiff’s
amended complaint, ECF No. 24, is DISMISSED without prejudice.” To the
extent Plaintiff believes he can, in good faith, allege a fraud claim, he may file a new
action. In this case, however, the Clerk shall close the file.
SO ORDERED on October 29, 2025.
s/Mark E. Walker 	____
United States District Judge
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