Cerutti v. Orange County Correctional Department et al

Filing 10

ORDER Denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency; Denying 3 Motion to appoint counsel ; Adopting Report and Recommendations re 7 Report and Recommendations. This case is dismissed. The Clerk of the Court is directed to close this file. Signed by Judge John Antoon II on 1/17/2012. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PEDRO CERUTTI, JR., Plaintiff, -vs- Case No. 6:11-cv-2023-Orl-28KRS ORANGE COUNTY CORRECTION DEPARTMENT, TIFFANY SMITH, SHANON BROWNING, ________________________________________ ORDER This case is before the Court on Plaintiff’s Affidavit of Indigency (Doc. No. 2) filed December 20, 2011, and Motion for Relief of Attorney (Doc. No. 3) filed December 27, 2011. The United States Magistrate Judge has submitted a report recommending that the motions be denied. After an independent de novo review of the record in this matter, and consideration of Plaintiff’s Objection to the Report and Recommendation (Doc. 9), the Objection is overruled. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. That the Report and Recommendation filed January 5, 2012 (Doc. No. 7) is ADOPTED and CONFIRMED and made a part of this Order. 2. Plaintiff’s Affidavit of Indigency (construed as a Motion to Proceed in forma pauperis) (Doc. No. 2) is DENIED. 3. Plaintiff’s Motion for Relief of Attorney (construed as a Motion to Appoint Counsel) (Doc. No. 3) is DENIED. 4. This case is dismissed. 5. The Clerk of the Court is directed to close this file. DONE and ORDERED in Chambers, Orlando, Florida this __17th___ day of January, 2012. Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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