Decosey v. Facebook Incoporated

Filing 4

ORDER adopting Report and Recommendations - re 3 Report and Recommendations; Denying 2 Motion for Leave to Proceed in forma pauperis. The Complaint (Doc. 1) filed on December 11, 2014, is DISMISSED without prejudice. On or before January 21 , 2015, Plaintiff may file: an amended complaint, through appropriate counsel, on behalf of Wax Guff LLC or an amended complaint on behalf of himself, Daishawn Decosey, with or without an amended application to proceed in forma pauperis. Signed by Judge Carlos E. Mendoza on 1/8/2015. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DAISHAWN DECOSEY,
Plaintiff,
v.

Case No: 6:14-cv-2038-Orl-41KRS

FACEBOOK INCOPORATED,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Application to Proceed in District Court
without Prepaying Fees or Costs (the “Application”), filed on December 11, 2014. (Doc. 2). United
States Magistrate Judge Karla R. Spaulding submitted a Report and Recommendation on
December 15, 2014, which recommends that this Court: (1) dismiss the Complaint (Doc. 1), (2)
deny the Application, and (3) permit Plaintiff to file an amended complaint, through counsel, on
behalf of Wax Guff LLC or an amended complaint asserting personal claims. (Doc. 3, at 3–4).
Additionally, Judge Spaulding recommends that the Court advise Plaintiff that the failure to file
an amended complaint within the time specified by the Court would result in dismissal of this case.
(Id.).
After an independent de novo review of the record and noting that no objections were
timely filed, this 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) filed on December 15, 2014, is
ADOPTED and CONFIRMED and made a part of this Order.

Page 1 of 2

2. The Complaint (Doc. 1) filed on December 11, 2014, is DISMISSED without
prejudice.
3. The Application (Doc. 2) filed on December 11, 2014, is DENIED.
4. On or before January 21, 2015, Plaintiff may file:
a. An amended complaint, through appropriate counsel, on behalf of Wax
Guff LLC or
b. An amended complaint on behalf of himself, Daishawn Decosey, with or
without an amended application to proceed in forma pauperis.
5. The failure to file an amended complaint within the time period specified in the
preceding paragraph may result in closure of the case without further notice.
DONE and ORDERED in Orlando, Florida on January 8, 2015.

Copies furnished to:
Unrepresented Parties

Page 2 of 2