Woltz v. Sears, Roebuck & Co et al

Filing 9

ORDER adopting and confirming 8 REPORT AND RECOMMENDATIONS granting in part 2 MOTION for leave to proceed in forma pauperis. Plaintiff's claims against Sears Roebuck & Co. are DISMISSED withoutprejudice. Plaintiff's claims against William Walker are DISMISSED with prejudice. Plaintiff is ALLOWED to proceed with his claims against Sears Holdings Corp. as stated in his amended complaint without payment of a filing fee. The Clerk is DIRECTED to TERMINATE William Walker and Sears Roebuck& Co. as parties to this action. The Clerk is DIRECTED to MAIL summonses and Marshal 285 forms to Plaintiff for completion and return to the Court within fifteen (15) days of mailing. The Clerk is DIRECTED to PROVIDE the completed service for ms to the United States Marshals Service once the completed summonses are returned to the Court. The Clerk is DIRECTED to PROVIDE a copy of the Court's Order on this amended Report and Recommendation to the United States Marshals Service. The United States Marshals Service is DIRECTED to SERVE the completed service forms upon Sears Holdings Corp. without cost to Plaintiff. Signed by Chief Judge Anne C. Conway on 2/25/2013. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MICHAEL WOLTZ,
Plaintiff,
v.

Case No: 6:13-cv-32-Orl-22KRS

SEARS, ROEBUCK & CO, SEARS
HOLDINGS CORP. and BRANDON
WILLIAM WALKER,
Defendants.

ORDER
This cause is before the Court on Motion for Leave to Proceed In Forma Pauperis (Doc.
No. 2) filed on January 7, 2013.
The United States Magistrate Judge has submitted an amended report recommending that
the Motion be GRANTED in part.
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 amended Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The amended Report and Recommendation filed February 6, 2013 (Doc. No. 8),

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

The Motion for Leave to Proceed In Forma Pauperis is hereby GRANTED in

3.

Plaintiff’s claims against Sears Roebuck & Co. are DISMISSED without

part.

prejudice.
4.

Plaintiff’s claims against William Walker are DISMISSED with prejudice.

5.

Plaintiff is ALLOWED to proceed with his claims against Sears Holdings Corp.

as stated in his amended complaint without payment of a filing fee.
6.

The Clerk is DIRECTED to TERMINATE William Walker and Sears Roebuck

& Co. as parties to this action.
7.

The Clerk is DIRECTED to MAIL summonses and Marshal 285 forms to

Plaintiff for completion and return to the Court within fifteen (15) days of mailing.
8.

The Clerk is DIRECTED to PROVIDE the completed service forms to the

United States Marshals Service once the completed summonses are returned to the Court.
9.

The Clerk is DIRECTED to PROVIDE a copy of the Court’s Order on this

amended Report and Recommendation to the United States Marshals Service.
10.

The United States Marshals Service is DIRECTED to SERVE the completed

service forms upon Sears Holdings Corp. without cost to Plaintiff.
DONE and ORDERED in Orlando, Florida on February 25, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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