Armstrong v. Morgan et al

Filing 6

ORDER denying without prejudice 2 Motion for leave to proceed in forma pauperis/affidavit of indigency; Adopting Report and Recommendations re 3 Report and Recommendations. The Complaint (Doc. 1) is DISMISSED without prejudice. Plaint iff may file an Amended Complaint and a renewed Motion to Proceed on or before Thursday, December 4, 2014. Failure to file within the allotted time will result in the closure of this case. The clerk is directed to STRIKE the Attachments to the Complaint (Doc. Nos. 1-1, 1-2, 1-3, 1-4, 1-5) and remove these documents from the docket. Signed by Judge Carlos E. Mendoza on 11/20/2014. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

TRAVELL A. ARMSTRONG,
Plaintiff,
v.

Case No: 6:14-cv-1696-Orl-41KRS

JOHN MORGAN, SR. , LINA LOPEZ,
REBEKAH LANGFORD, MRS.
KRISTAL, JOSEPH H. SHAUGHNESSY
and FRANCIS COPPOLA,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Application to Proceed in District Court
Without Prepaying (“Motion to Proceed”) (Doc. 2). United States Magistrate Judge Karla R.
Spaulding submitted a Report and Recommendation, in which she recommends that the Motion to
Proceed be denied without prejudice and that Plaintiff’s Complaint be dismissed without prejudice.
(Report & Recommendation, Doc. 3, at 5). Additionally, Magistrate Judge Spaulding recommends
that the Attachments to the Complaint (Doc. Nos. 1-1, 1-2, 1-3, 1-4, 1-5), be stricken for failure to
comply with Federal Rule of Civil Procedure 5.2. (Report & Recommendation at 5).
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. Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 3) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiff’s Motion to Proceed (Doc. 2) is DENIED without prejudice.

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3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. Plaintiff may file an Amended Complaint and a renewed Motion to Proceed on or
before Thursday, December 4, 2014. Failure to file within the allotted time will
result in the closure of this case.
5. The clerk is directed to STRIKE the Attachments to the Complaint (Doc. Nos. 11, 1-2, 1-3, 1-4, 1-5) and remove these documents from the docket.
DONE and ORDERED in Orlando, Florida on November 20, 2014.

Copies furnished to:
Unrepresented Parties

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