United States of America v. Berry et al

Filing 4

ORDER adopting 3 REPORT AND RECOMMENDATION; denying 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Dontavious Tay Smith; dismissing criminal complaint with prejudice; directing the Clerk of the Court to close this file. Signed by Judge John Antoon II on 4/9/2013. (BRS)

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

Case No. 6:12-mc-123-Orl-28GJK

LEROY BERRY, KATHY KRELL, JIM
KACZKOWSKI, and NEIL J. DASH,
Defendants.
_____________________________________

ORDER
This case is before the Court on a Motion to Proceed without Prepayment of Fees
(Doc. No. 2) filed by Dontavious Smith on December 26, 2012.

The United States

Magistrate Judge has submitted a report recommending that the motion be denied and the
criminal complaint be dismissed with prejudice.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, 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 March 15, 2013 (Doc. No. 3) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion to Proceed without Prepayment of Fees (Doc. No. 2) is DENIED.

3.

The criminal complaint is DISMISSED with prejudice.

4.

The Clerk of the Court is directed to close this file.

DONE and ORDERED in Chambers, Orlando, Florida this 9th day of April, 2013.

Copies furnished to:
United States Magistrate Judge
Unrepresented Party

-2-