Wright v. Thomaslinson et al

Filing 7

REPORT AND RECOMMENDATION re 1 Complaint filed by Michael Paul Wright, 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Michael Paul Wright.Signed by Magistrate Judge Monte C. Richardson on 1/16/2009. (DAG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION MICHAEL PAUL WRIGHT, Plaintiff, vs. DETECTIVE THOMASLINSON et. al., Defendants. _____________________________________/ Case No. 3:08-cv-1194-J-34MCR REPORT AND RECOMMENDATION1 THIS CAUSE is before the Court on pro se Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 2) filed December 12, 2008. On December 22, 2008, the Court entered an Order directing Plaintiff to file an amended complaint and an amended affidavit of indigency no later than Wednesday, January 7, 2009. (Doc. 5). Plaintiff was warned that failure to file an amended complaint and affidavit, by the date specified, would result in the undersigned recommending to the District Judge that Plaintiff's request to proceed in forma pauperis be denied and this case be dismissed. Id. On December 29, 2008, Plaintiff filed an amended affidavit of indigency. (Doc. 6). However, to date Plaintiff has not filed an amended complaint. Because an amended complaint has not been filed, the Motion to proceed In Forma Pauperis (Doc. 2) is no longer proper. Any party may file and serve specific, written objections hereto within TEN (10) DAYS after service of this Report and Recommendation. Failure to do so shall bar the party from a de novo determination by a district judge of an issue covered herein and from attacking factual findings on appeal. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(a), 6(a) and (e); Local Rules 6.02(a) and 4.20, United States District Court for the Middle District of Florida. 1 Accordingly, it is respectfully RECOMMENDED: 1. 2. Plaintiff's Motion to proceed In Forma Pauperis (Doc. 2) be DENIED. Plaintiff's Complaint (Doc. 1), be DISMISSED without prejudice to Plaintiff filing a new complaint. Should Plaintiff decide to file a complaint, he should also re-file a copy of a completed Affidavit of Indigency at that time. DONE AND ENTERED in Chambers in Jacksonville, Florida this 16th day of January, 2009. MONTE C. RICHARDSON UNITED STATES MAGISTRATE JUDGE Copies to: Hon. Marcia Morales Howard, United States District Judge Pro Se Plaintiff -2-

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