Moore v. State Of Florida et al

Filing 5

ORDER adopting 4 Report and Recommendation of the Magistrate Judge. Plaintiff's claims against Defendants State of Florida and Defendant Probation Officer Moore in his or her official capacity, are dismissed with prejudice. Plaintiff's Application to Proceed In Forma Pauperis 2 is DENIED without prejudice. Plaintiff may file a renewed motion to proceed in forma pauperis, upon the filing of an Amended Complaint. Plaintiff's Motion for Appointment of Counsel 3 is DENIED w ithout prejudice. Plaintiff is granted leave to file an Amended Complaint against Defendant Probation Officer Moore in his or her individual capacity, which corrects the deficiencies identified in this Order, within FOURTEEN (14) DAYS from the date of this Order. Failure to file an Amended Complaint within this time frame will result in this case being closed. Signed by Judge Charlene Edwards Honeywell on 2/18/2014. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FREDERICK D. MOORE,
Plaintiff,
v.

Case No: 6:13-cv-1829-Orl-36KRS

STATE OF FLORIDA and PROBATION
OFFICER MOORE,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Karla R. Spaulding on January 28, 2014 (Doc. 4).

In the Report and

Recommendation, Judge Spaulding recommends that Plaintiff's Complaint be dismissed with
prejudice against Defendants State of Florida and Probation Officer Moore in his or her official
capacity and that Plaintiff be given an opportunity to file an amended complaint against Defendant
Probation Officer Moore in his or her individual capacity. Plaintiff was furnished a copy of the
Report and Recommendation and was afforded the opportunity to file objections pursuant to 28
U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and
Recommendation, and upon this Court's independent examination of the file, it is determined that
the Report and Recommendation should be adopted. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 4) 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 claims against Defendants State of Florida and Defendant Probation
Officer Moore in his or her official capacity, are dismissed with prejudice.

(3)

Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is DENIED without
prejudice. Plaintiff may file a renewed motion to proceed in forma pauperis, upon
the filing of an Amended Complaint.

(4)

Plaintiff’s Motion for Appointment of Counsel (Doc. 3) is DENIED without
prejudice.

(5)

Plaintiff is granted leave to file an Amended Complaint against Defendant
Probation Officer Moore in his or her individual capacity, which corrects the
deficiencies identified in this Order, within FOURTEEN (14) DAYS from the date
of this Order. Failure to file an Amended Complaint within this time frame will
result in this case being closed.

DONE AND ORDERED at Orlando, Florida on February 18, 2014.

Copies to:
The Honorable Karla R. Spaulding
Counsel of Record

2