Howard v. Paradise Dreams Investments Club Inc. et al

Filing 7

ORDER adopting Report and Recommendations re 6 Report and Recommendations; denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency. The Clerk is directed to close this case. Signed by Senior Judge Harvey E. Schlesinger on 10/30/2012. (PAM)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DEBRA HOWARD,
Plaintiff,
vs.

CASE NO.: 3:12-cv-935-20JBT

PARADISE DREAMS INVESTMENTS
CLUB, INC. and JOE W. ROBERTS,
Trustee,
Defendants.

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ORDER
THIS CAUSE is before this Court on the Magistrate Judge's Report and Recommendation
(Dkt. 6), addressing Plaintiff s Complaint (Dkt. 1) and Plaintiffs Affidavit of Indigency (Okt. 2),
which was construed as a Motion to Proceed In Forma Pauperis. The Magistrate Judge found that
Plaintiffs Complaint failed to follow Rule 8(a) of the Federal Rules of Civil Procedure and failed
to state a claim upon which the Court could grant relief. In granting Plaintiff an extension of time
to file both an Amended Complaint in compliance with court order and an "Application to Proceed
in District Court Without Prepaying Fees or Costs (Long Form)," the Magistrate Judge warned
Plaintiff that if she failed to comply, he may recommend to the District Judge that the Motion be
denied and the case be dismissed. (Okt. 6).
Plaintifffailed to file either ofthese pleadings. Therefore, the Magistrate Judge recommends
that Plaintiffs construed Motion to Proceed In Forma Pauperis be denied and that this case be
dismissed without prejudice for failure to state a claim, lack ofj urisdiction, and want of prosecution.
No objections were filed to the Report and Recommendation. After an independent review of the
record and upon consideration of the Report and Recommendation, this Court adopts the same in

all respects.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Dkt. 6) is adopted;
2. Plaintiffs Complaint (Dkt. 1) is DISMISSED WITHOUT PREJUDICE;
3. Plaintiffs Affidavit ofIndigency (Dkt. 2) which is construed as a Motion to Proceed In

Forma Pauperis is DENIED; and
4. The Clerk is directed to close this case.

DONE AND ORDERED at Jacksonville, Florida, this~day of October, 2012.

Copies to:
Hon. Joel B. Toomey
Debra Howard, Pro Se

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