Wood v. McHugh

Filing 5

ORDER adopting 3 Report and Recommendation of the Magistrate Judge. Plaintiff's Complaint 1 is hereby DISMISSED without prejudice. The Court GRANTS Plaintiff leave to file an Amended Complaint, which Plaintiff has already filed at Dkt. 4 . Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is POSTPONED and is still REFERRED to the Magistrate Judge (see Dkt. 2) for an order or Report and Recommendation that the Magistrate Judge will issue after consideration of the Amended Complaint (Dkt. 4). Signed by Judge Charlene Edwards Honeywell on 12/24/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KENNETH W. WOOD,
Plaintiff,
v.

Case No: 6:13-cv-1813-Orl-36TBS

JOHN MCHUGH,
Defendant.
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Thomas B. Smith, filed on December 5, 2013. Dkt. 3. In the Report and Recommendation,
Magistrate Judge Baker recommends that the Court postpone ruling on Plaintiff Kenneth W.
Wood’s (“Wood”) Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”) (Dkt. 2),
dismiss the Complaint (Dkt. 1), and grant Wood leave to file an amended complaint. Id. Wood
has not objected to the Report and Recommendation, but instead has filed an Amended Complaint
(Dkt. 4).
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.
The Court agrees with the Magistrate Judge that, in accordance with 28 U.S.C. §
1915(e)(2), the Complaint should be dismissed because it fails to state a claim. The Court will
allow the Magistrate Judge to evaluate the Amended Complaint Wood filed on December 13, 2013

to determine if it states a claim upon which relief can be granted and, in doing so, the Magistrate
Judge shall issue an order or Report and Recommendation regarding the IFP Motion.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Dkt. 3) 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 (Dkt. 1) is hereby DISMISSED without prejudice.

3.

The Court GRANTS Plaintiff leave to file an Amended Complaint, which Plaintiff
has already filed at Dkt. 4.

4.

Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Dkt. 2) is
POSTPONED and is still REFERRED to the Magistrate Judge (see Dkt. 2) for an
order or Report and Recommendation that the Magistrate Judge will issue after
consideration of the Amended Complaint (Dkt. 4).

DONE and ORDERED in Orlando, Florida on December 24, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge Thomas B. Smith

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