Henning v. Harrel et al

Filing 7

ORDER adopting 6 REPORT AND RECOMMENDATIONS re 4 MOTION for Leave to Proceed in forma pauperis filed by Bryan Henning, 1 Complaint filed by Bryan Henning. The Motion for Leave to Proceed in forma pauperis is DENIED without prejudice. Plaintiff may file an amended complaint and a long-form affidavit of indigency on or before April 25, 2016. Signed by Judge Paul G. Byron on 4/4/2016. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

BRYAN HENNING,
Plaintiff,
v.

Case No: 6:15-cv-1520-Orl-40KRS

GARY HARREL, B. GRIFFIN, BEACH
AUTO BODY INC. and BREVARD
COUNTY,
Defendants.
/
ORDER
This cause is before the Court on Plaintiff's Motion for Leave to Proceed in forma
pauperis (Doc. 4) filed on November 30, 2015. The United States Magistrate Judge has
submitted a report recommending that the motion be denied without prejudice.
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 as follows:
1.

The Report and Recommendation filed March 15, 2016 (Doc. 6), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Counts I, II, III, V, VI and VII against Defendants Harrel and Griffin, in their

official capacities are DISMISSED with prejudice.
3.

Count IV against Defendants Harrel and Griffin, in their official capacities is

DISMISSED without prejudice.

4.

The remaining allegations in Counts I, VI, VII, VIII and the requests for

declaratory relief are DISMISSED without prejudice for failure to state claims on which
relief can be granted.
5.

Plaintiff’s Application to Proceed in District Court Without Prepaying Fees

or Costs (Doc. 4) is DENIED without prejudice.
6.

Plaintiff may file an amended complaint and a long-form affidavit of

indigency on or before April 25, 2016. Failure to timely file an amended complaint and a
long-form affidavit of indigency will result in this case being dismissed without prejudice
and without further notice.
DONE AND ORDERED in Orlando, Florida on April 4, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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