Steelman v. Wendy's of NE Florida, Inc.

Filing 27

ORDER adopting 24 Report and Recommendation of the Magistrate Judge. Plaintiff's Complaint is DISMISSED, without prejudice. Plaintiff would ordinarily be granted leave to file an Amended Complaint within fourteen (14) days. However, the Co urt notes that Plaintiff has already filed an Amended Complaint which, although filed prematurely, will be accepted. Plaintiff Connie Steelman's initial Motion for leave to proceed in forma pauperis 23 is DENIED, without prejudice. Signed by Judge Charlene Edwards Honeywell on 9/20/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CONNIE STEELMAN,
Plaintiff,
v.

CASE NO. 6:12-CV-510-Orl-36KRS

WENDY’S OF NE FLORIDA, INC.,
Defendant.
/

ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Karla R. Spaulding, filed on August 16, 2012 (Doc. 24). In the Report and Recommendation, the
Magistrate Judge recommends that the Court dismiss without prejudice Plaintiff Connie Steelman’s
(“Plaintiff”) Complaint (Doc. 1) and deny without prejudice her application to proceed without
prepayment of fees (Doc. 23). See Doc. 24. Neither party has objected to the Report and
Recommendation and the time to do so has expired.
The Court is in agreement with the Magistrate Judge that Plaintiff’s Complaint has failed to
set forth sufficient allegations of fact to establish that she has standing in this matter. Therefore,
after careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in
all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:

1.

The Report and Recommendation of the Magistrate Judge (Doc. 24) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Plaintiff’s Complaint is DISMISSED, without prejudice. Plaintiff would ordinarily
be granted leave to file an Amended Complaint within fourteen (14) days. However,
the Court notes that Plaintiff has already filed an Amended Complaint which,
although filed prematurely, will be accepted.

3.

Plaintiff Connie Steelman’s initial Motion for leave to proceed in forma pauperis
(Doc. 23) is DENIED, without prejudice.

DONE AND ORDERED at Orlando, Florida on September 20, 2012.

COPIES TO:
COUNSEL OF RECORD

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