HOLLIS v. CBS TV 47 and FOX 30/Clear Channel Broadcasting & Jacksonville Human Rights Commission

Filing 11

ORDER overruling 10 Plaintiff's Objection; adopting 9 Report and Recommendation; denying 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Wynoma P. Hollis. This case is dismissed without prejudice, and the Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 4/8/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
WYNOMA P. HOLLIS,
Plaintiff,
vs.

Case No. 3:12-cv-1358-J-99MMH-JRK

CBS TV 47 / CLEAR CHANNEL
BROADCASTING INC. and JACKSONVILLE
HUMAN RIGHTS COMMISSION,
Defendants.
__________________________________/

ORDER

THIS CAUSE is before the Court on Magistrate Judge James R. Klindt’s Report and
Recommendation (Doc. No. 9; Report) entered on March 22, 2013. In the Report, Judge
Klindt recommends that the Court deny Plaintiff, Wynoma Hollis’s (Hollis’s), Affidavit of
Indigency (Doc. No. 2; Motion), which Judge Klindt construed as a Motion to Proceed In
Forma Pauperis, and dismiss Hollis’s Complaint (Doc. No. 1; Complaint). On March 25,
2013, Hollis filed a Response to Report and Recommendation (Doc. No. 9; Objection).
Upon independent review of the record, and for the reasons stated in the Magistrate
Judge’s Report, the Court will overrule the Objection, and accept and adopt the legal and
factual conclusions recommended in the Report by Judge Klindt.1

1
In reviewing the record, the Court identified two scrivenor’s errors that require correction before
adoption by the Court. Thus, the Court changes the date “July, 17, 2012" in line 4 of page 3 to “June 25, 2012.”
In that same sentence, the Court changes “Doc. No. 10" in line 5 of page 3 to “Doc. No. 7." That sentence now
reads: “After filing the amended complaint in the First Action, on June 25, 2012, Plaintiff filed a supplement
(Doc. No. 7, First Action).”

Accordingly, it is hereby
ORDERED:
1.

Plaintiff’s Response to Report and Recommendation (Doc. No. 10) is
OVERRULED.

2.

Magistrate Judge James R. Klindt’s Report and Recommendation (Doc. No.
9), as modified, is ADOPTED as the opinion of the Court.

3.

Plaintiff’s Affidavit of Indigency (Doc. No. 2), which the Court construes as a
Motion to Proceed In Forma Pauperis, is DENIED.

4.

This case is DISMISSED without prejudice, and the Clerk of the Court is
directed to close the file.

DONE AND ORDERED at Jacksonville, Florida, this 8th day of April, 2013.

i21
Copies to:
The Honorable James R. Klindt
United States Magistrate Judge
Pro Se Party

-2-