Section 23 Property Owner's Association, Inc. v. Robinson et al

Filing 9

ORDER adopting and confirming 8 REPORT AND RECOMMENDATIONS denying 6 MOTION for Leave to Proceed in forma pauperis filed by Albert M. Robinson. This case is REMANDED to the 20TH Judicial Circuit, Charlotte County Florida, for lack of subject matter jurisdiction. (Case No. 11-3581-CA). The Clerk is direct to CLOSE the file. Signed by Chief Judge Anne C. Conway on 4/9/2013. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SECTION 23 PROPERTY OWNERS
ASSOCIATION, INC.,
Plaintiff,
v.

Case No: 2:13-cv-176-Ftm-99SPC

JANE B. ROBINSON and ALBERT M.
ROBINSON,
Defendants.

ORDER
This cause is before the Court on Motion for Leave to Proceed In Forma Pauperis (Doc.
No. 6) filed on March 18, 2013.
The United States Magistrate Judge has submitted a report recommending that the
Motion be DENIED and the case be REMANDED for lack of subject matter jurisdiction.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed March 20, 2013 (Doc. No. 8), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion for Leave to Proceed In Forma Pauperis is hereby DENIED.

3.

This case is REMANDED to the 20TH Judicial Circuit, Charlotte County Florida,

for lack of subject matter jurisdiction. (Case No. 11-3581-CA).
4.

The Clerk is direct to CLOSE the file.

DONE and ORDERED in Fort Myers, Florida on April 9, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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