Smith v. Chairman of the Postal Service Board of Governors for the U.S. Postal Service

Filing 4

ORDER adopting and confirming 3 REPORT AND RECOMMENDATION. The Motion for Leave to Proceed In Forma Pauperis is hereby DENIED. The Complaint is DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE the file. Signed by Chief Judge Anne C. Conway on 4/19/2013. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DONTAVIOUS SHERRODE SMITH,
Plaintiff,
v.

Case No: 6:13-cv-516-Orl-22DAB

CHAIRMAN OF THE POSTAL
SERVICE BOARD OF GOVERNORS
FOR THE U.S. POSTAL SERVICE,
Defendant.

ORDER
This cause is before the Court on Motion for Leave to Proceed In Forma Pauperis (Doc.
No. 2) filed on March 29, 2013.
The United States Magistrate Judge has submitted a report recommending that the
Motion be DENIED and the 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. However, at this juncture the Court will not limit
Plaintiff’s access to future filings. Plaintiff is advised that continued filings of meritless
complaints will result in such limitation consistent with Martin-Trigona v. Shaw, 986 F.2d 1384,
1386 (11th Cir. 1993).
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed April 3, 2013 (Doc. No. 3), is ADOPTED

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

The Motion for Leave to Proceed In Forma Pauperis is hereby DENIED.

3.

The Complaint is DISMISSED WITH PREJUDICE.

4.

The Clerk is directed to CLOSE the file.

DONE and ORDERED in Orlando, Florida on April 19, 2013.

Copies furnished to:
Dontavious Sherrode Smith, pro se

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