Ivey v. Blocker et al

Filing 7

ORDER adopting 3 REPORT AND RECOMMENDATION; Denying 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Steven Ivey. The Complaint (Doc. No. 1 ) is dismissed without prejudice. Plaintiff is granted leave to file an amended complaint, on or before January 3, 2012, that cures the pleading deficiencies identified in the Report and Recommendation. Failure to file an amended complaint by this date may result in dismissal of this case without further notice. Signed by Chief Judge Anne C. Conway on 12/19/2011. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
STEVEN IVEY,
Plaintiff,
-vs-

Case No. 6:11-cv-1776-Orl-22DAB

RONALD BLOCKER,
SUPERINTENDENT, ET. AL, TED
PRICE, DERREN OAKS, JOSEPH
MCCOY, ALEX HIDELBERG,
CATHERINE VAN KIRK, ROSE
KELLAM, ORANGE COUNTY PUBLIC
SCHOOLS,
Defendants.
_____________________________________

ORDER
This cause is before the Court on a Motion to Proceed In Forma Pauperis (Doc. No. 2),
filed on November 8, 2011.
The United States Magistrate Judge has submitted a report recommending that the motion
be denied without prejudice and the complaint be dismissed without prejudice and with leave to
amend. (Doc. No. 3.)

After an independent de novo review of the record in this matter,1 the Court agrees entirely
with the findings of fact and conclusions of law in the Report and Recommendations. Therefore,
it is ORDERED as follows:
1.

The Report and Recommendation filed November 29, 2011 (Doc. No. 3), is
ADOPTED and CONFIRMED and made a part of this Order.

2.

The Motion to Proceed In Forma Pauperis (Doc. No. 2) filed on November 8, 2011,
is DENIED.

3.

The Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE.

4.

Plaintiff is granted leave to file an amended complaint, on or before January 3,
2012, that cures the pleading deficiencies identified in the Report and
Recommendation. Failure to file an amended complaint by this date may result
in dismissal of this case without further notice.

DONE and ORDERED in Chambers, in Orlando, Florida on December 19, 2011.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

1

On December 14, 2011, Plaintiff filed a Motion to Amend Complaint (Doc. No. 4). The
Magistrate Judge denied that motion because it was unsigned and failed to comply with this Court’s
Local Rules regarding amendment of pleadings. See Doc. No. 6. To the extent the motion might also
be construed as raising objections to the Report and Recommendation, those objections are not
properly before the Court because the document containing them has been stricken. Even they were
properly before the Court, such objections are without merit.
-2-