Verrier v. Reno et al

Filing 11

ORDER adopting 9 REPORT AND RECOMMENDATIONS re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Joseph Verrier, 8 MOTION for miscellaneous relief, specifically to revoke request to proceed as a similia r case filed by Joseph Verr. The Report and Recommendation is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Joseph Verrier request to proceed in forma pauperis 2 is DENIED. Verrier's motion to proceed as an independent case 8 is DENIED as moot. The Complaint is DISMISSED without prejudice. Verrier may file an amended complaint - after paying the applicable filing fee to the Clerk of Court - on or before December 13, 2017. Failure to comply with this Order may result in the Court closing this case. Signed by Judge Sheri Polster Chappell on 11/22/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH VERRIER,
Plaintiff,
v.

Case No: 2:17-cv-204-FtM-99CM

MICHELLE RENO, ROBYNE
WEHLE and BRADLEY ROUSKEY,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation. (Doc. 9). Judge Mirando recommends denying
Plaintiff Joseph Verrier request to proceed in forma pauperis (Doc. 2) and dismissing the
case without prejudice. (Doc. 9). Verrier objects to the Report and Recommendation,
arguing that it ignores his due process claim and other arguments in the Complaint. (Doc.
10). The Report and Recommendation is thus ripe for review.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

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may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file carefully and independently, and upon considering Judge
Mirando’s findings and recommendations, the Court accepts and adopts the Report and
Recommendation over Verrier’s objections.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation is ACCEPTED and ADOPTED and the
findings incorporated herein.
(2) Plaintiff Joseph Verrier request to proceed in forma pauperis (Doc. 2) is
DENIED.
(3) Verrier’s motion to proceed as an independent case (Doc. 8) is DENIED as
moot.
(4) The Complaint is DISMISSED without prejudice. Verrier may file an amended
complaint – after paying the applicable filing fee to the Clerk of Court – on or
before December 13, 2017. Failure to comply with this Order may result
in the Court closing this case.
DONE and ORDERED in Fort Myers, Florida this 22nd day of November 2017.

Copies: All Parties of Record

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