Wood v. McHugh

Filing 9

ORDER adopting 6 Report and Recommendation of the Magistrate Judge. Plaintiff's Amended Complaint 4 is dismissed, with prejudice. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs 2 is DENIED. The Clerk is directed to terminate all pending motions and close this file. Signed by Judge Charlene Edwards Honeywell on 3/21/2014. (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 upon the Report and Recommendation filed by
Magistrate Judge Thomas B. Smith on January 8, 2014 (Doc. 6).

In the Report and

Recommendation, Judge Smith recommends that the Court dismiss Plaintiff's Amended
Complaint, with prejudice, and deny Plaintiff's Motion to Proceed In Forma Pauperis. Plaintiff
filed an Objection to the Report and Recommendation on January 14, 2014 (Doc. 7).1 In the
Objection, Plaintiff requests a jury trial and disputes the facts relied on by the Magistrate Judge in
the Report and Recommendation. Plaintiff then attempts to clarify and/or add facts that were not
alleged in the Amended Complaint. The Court agrees with the Magistrate Judge’s statement of the
facts, as alleged by Plaintiff in the Amended Complaint. Therefore, upon consideration of the
Report and Recommendation, the Objection by Plaintiff, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.

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Although labeled an “Amended Cause of Action”, the Court treats this document as Plaintiff’s
objection to the Report and Recommendation.

Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 6) 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 Amended Complaint (Doc. 4) is dismissed, with prejudice,

(3)

Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Doc. 2) is DENIED.

(4)

The Clerk is directed to terminate all pending motions and close this file.

DONE AND ORDERED at Orlando, Florida on March 21, 2014.

Copies to:
The Honorable Thomas B. Smith
Counsel of Record

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