Reddick v. Bondi
ORDER adopting Report and Recommendations - re 14 Report and Recommendations. This case is DISMISSED without prejudice for failure to prosecute. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 1/28/2016. (DJD)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No: 6:15-cv-1471-Orl-41GJK
THIS CAUSE is before the Court on the Report and Recommendation (“R&R,” Doc. 14),
submitted by United States Magistrate Judge Gregory J. Kelly. On November 13, 2015, Judge
Kelly issued an Order that, among other things, denied Plaintiff’s motion to proceed in forma
pauperis and dismissed Plaintiff’s Complaint without prejudice for failure to state a claim. (Nov.
13, 2015 Order, Doc. 13, at 7). Judge Kelly instructed Plaintiff to file an Amended Complaint
within twenty-one days of the date of the Order. (Id.). Judge Kelly warned Plaintiff that failure to
file an Amended Complaint in accordance with the Order would “result in a recommendation that
the case be dismissed without further warning.” (Id. at 8). Plaintiff failed to file an Amended
Complaint within the allocated time period, which led to the issuance of the current R&R. The
R&R recommends that this case be dismissed without prejudice for failure to prosecute. Plaintiff
filed an Objection (Doc. 15) to the R&R, arguing that his motion to proceed in forma pauperis
should have been granted because he demonstrated that he was indigent.
After an independent de novo review of the record in this matter, the Court agrees entirely
with the findings of fact and conclusions of law in the R&R. As noted in the November 13, 2015
Order, it is proper for the Court to review civil complaints filed in forma pauperis for sufficiency
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before allowing the party to proceed in forma pauperis. (Nov. 13, 2015 Order at 2–3). Moreover,
Judge Kelly recommends dismissing this matter for failure to prosecute based on Plaintiff’s failure
to file an Amended Complaint. Plaintiff has not yet filed an Amended Complaint and the time to
do so has long passed. Therefore, regardless of whether Plaintiff established that he was indigent,
this case is due to be dismissed for failure to prosecute.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 14) is ADOPTED and CONFIRMED and
made part of this Order.
2. This case is DISMISSED without prejudice for failure to prosecute.
3. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on January 28, 2016.
Copies furnished to:
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