R&R Bond Galleries, Inc. et al v. Ziegenfuss et al

Filing 4

ORDER adopting 3 --REPORT AND RECOMMENDATION; denying 2 --motion for leave to proceed in forma pauperis; dismissing complaint. Counsel must file an appearance on behalf of the plaintiff and must file an amended complaint by 2/15/2013; plaintiff must submit the filing fee by 2/15/2013. Signed by Judge Steven D. Merryday on 1/18/2013. (BK)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION R&R BOND GALLERIES, et al., Plaintiffs, v. CASE NO.: 8:12-cv-2825-T-23MAP ROBERT ZIEGENFUSS, et al., Defendant. ____________________________________/ ORDER The plaintiffs, R&R Bond Galleries, Inc., and Rodin International, Inc., sue (Doc. 3) and allege a variety of claims for relief. Represented by Robert Preiss, an “agent” but not an attorney admitted to practice in the Middle District of Florida, the plaintiffs move (Doc. 2) for leave to proceed in forma pauperis. A January 16, 2013, report (Doc. 3) by Magistrate Judge Pizzo recommends denying the motion and dismissing the complaint because (1) a corporation must appear through legal counsel admitted to practice in the Middle District of Florida and (2) “[t]he in forma pauperis statute (28 U.S.C. § 1915) limits its applicability to natural persons.” The report and recommendation (Doc. 3) is ADOPTED, the complaint (Doc. 1) is DISMISSED. The plaintiffs must (1) obtain an attorney who must file a notice of appearance and amend the complaint on or before FEBRUARY 15, 2013. Failure to strictly comply will result in dismissal of this action. ORDERED in Tampa, Florida, on January 18, 2013. -2-