0:25-cv-62599•Seole v. Ace Hardware
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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:25-cv-62599-LEIBOWITZ/STRAUSS JOSE RICARDO SEOLE, Plaintiff, v. ACE HARDWARE, Defendant. _________________________/ OMNIBUS ORDER ADOPTING IN PART MAGISTRATE’S REPORT AND RECOMMENDATION AND RULING ON PENDING MOTIONS THIS CAUSE is before the Court upon a Report and Recommendation by United States Magistrate Judge Jared M. Strauss [ECF No. 6] (the “R&R”) filed on January 16, 2026, recommending after screening under 28 U.S.C. § 1915(e)(2) that pro se Plaintiff’s Complaint [ECF No. 1] be dismissed without prejudice and that any pending motions be denied as moot. [Id. at 4]. On January 21, 2026, Plaintiff filed a motion [ECF No. 10], which the court construes as a timely objection to the R&R’s recommendation that the Court dismiss this action. Construed liberally, Plaintiff says he did not amend the complaint as directed by Judge Strauss by the court-ordered deadline because he did not receive a copy of Judge Strauss’s Order [ECF No. 5] until after the deadline had passed. [ECF No. 10 at 1]. Plaintiff belatedly located the Order in the “USPS facility junk mail bucket” only two days before the R&R was entered. [Id.]. As a result, Plaintiff asks for an extension of time to amend his pleading to cure the deficiencies identified by Judge Strauss, which are numerous. [ECF No. 10 at 1; See ECF No. 5]. Plaintiff further asks the Court to refer his case to the Court’s Volunteer Attorney Program (“VAP”). [ECF No. 9]. Upon due consideration of both pending motions and the R&R, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 6] is ADOPTED IN PART. 2. The Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE. Case 0:25-cv-62599-DSL Document 11 Entered on FLSD Docket 01/22/2026 Page 1 of 2
2 3. Plaintiff’s Motion for Extension [ECF No. 10] is GRANTED. Plaintiff must file an Amended Complaint that cures the pleading deficiencies identified by Judge Strauss at ECF No. 5 no later than March 20, 2026, failing which this case will be DISMISSED without further notice. 4. Plaintiff’s Motion for referral to the VAP [ECF No. 9] is DENIED WITHOUT PRJUDICE. After Plaintiff timely files an Amended Complaint, Plaintiff may renew the Motion. DONE AND ORDERED in the Southern District of Florida on January 21, 2026. cc: counsel of record Jose Ricardo Seole, pro se P.O. Box 24013 Fort Lauderdale, FL 33307 Case 0:25-cv-62599-DSL Document 11 Entered on FLSD Docket 01/22/2026 Page 2 of 2
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