Shipps v. State Of Florida et al

Filing 26

ORDER adopting the Report and Recommendation of the United States Magistrate Judge 19 . The Motion for Leave to Proceed in District Court without Prepaying Fees or Costs 2 is DENIED. The Motion for Leave to Proceed in forma pauperis 5 is DENI ED. Pro Se Plaintiff shall file his Fourth Amended Complaint and in forma pauperis motion within fourteen (14) days from the date of this Order. The Motion for Expedited Discovery 10 is DENIED. Signed by Judge Paul G. Byron on 8/14/2014. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION RA P. SHIPPS, Plaintiff, v. Case No: 6:14-cv-918-Orl-40TBS STATE OF FLORIDA, ’35;62 PROSECUTOR’S OFFICE, DIVISION ’35;62 PROSECUTORS, ORLANDO POLICE DEPARTMENT, CARRIBBEAN AMERICAN HERITAGE MONTH FESTIVAL and PRIVATE EMPLOYERS OF ORLANDO POLICE DEPARTMENT OFF-DUTY OFFICERS, Defendants. ORDER This cause is before the Court on Plaintiff’s Motion for Leave to Proceed in District Court without Prepaying Fees or Costs (Doc. 2) filed on June 13, 2014, Plaintiff’s Motion for Leave to Proceed in forma pauperis (Doc. 5) filed on June 17, 2014 and supplemented on July 15, 2014 (Doc. 18), and Plaintiff’s Motion for Expedited Discovery (Doc. 10) filed June 26, 2014. The United States Magistrate Judge has submitted a report recommending that the Motions be denied. (Doc. 19). After an independent de novo review of the record in this matter, including the objections filed by Plaintiff (Doc. 21), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation filed July 16, 2014 (Doc. 19), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion for Leave to Proceed in District Court without Prepaying Fees or Costs (Doc. 2) is hereby DENIED. 3. The Motion for Leave to Proceed in forma pauperis (Doc. 5), supplemented on July 15, 2014 (Doc. 18) is hereby DENIED. 4. Plaintiff shall have fourteen (14) days from the date of this Order to file a Fourth Amended Complaint and in forma pauperis motion. 5. Plaintiff has not declared an adequate basis for this Court’s subject matter jurisdiction. Therefore Plaintiff’s Motion for Expedited Discovery (Doc. 10) filed June 26, 2014 is hereby DENIED. DONE and ORDERED in Orlando, Florida on August 14, 2014. Copies furnished to: Counsel of Record Unrepresented Party -2-

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