Blount v. Physicians Associates et al.

Filing 7

ORDER denying without prejudice 2 Motion for leave to proceed in forma pauperis/affidavit of indigency; Adopting Report and Recommendations - re 5 Report and Recommendations; Denying 6 Motion to extend time. Plaintiff's Complaint (Doc. 1) is DISMISSED without prejudice. On or before May 11, 2017, Plaintiff shall file an amended complaint and may also file a renewed motion to proceed in forma pauperis. Signed by Judge Carlos E. Mendoza on 4/24/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

WILLIE F. BLOUNT, JR.,
Plaintiff,
v.

Case No: 6:16-cv-1970-Orl-41GJK

JOSEPH RAGNO, PHYSICIANS
ASSOCIATES and JANE DOE,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion (Doc. 2), seeking leave to proceed
in forma pauperis. United States Magistrate Judge Gregory J. Kelly issued a Report and
Recommendation (“R&R,” Doc. 5), in which he recommends that Plaintiff’s motion be denied
without prejudice and the Complaint (Doc. 1) be dismissed without prejudice. Judge Kelly further
recommends that Plaintiff be granted leave to amend with certain limitations. Subsequent to the
issuance of Judge Kelly’s R&R, Plaintiff filed a motion (Doc. 6), seeking an extension of all
deadlines for 190 days because he was incarcerated for fourteen days. Plaintiff did not file any
objections to the R&R.
After a de novo review, the Court agrees entirely with the analysis in the R&R. Further,
Plaintiff’s fourteen-day incarceration is not a sufficient basis for a 190-day extension of all
deadlines. Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 5) is ADOPTED and CONFIRMED and
made a part of this Order.

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2. Plaintiff’s Motion (Doc. 2), seeking leave to proceed in forma pauperis, is
DENIED without prejudice.
3. Plaintiff’s motion for an extension of time (Doc. 6) is DENIED.
4. Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice.
5. On or before May 11, 2017, Plaintiff shall file an amended complaint that
complies with the guidance in the R&R. Failure to do so may result in the dismissal
of this case without further notice. Plaintiff may also file a renewed motion to
proceed in forma pauperis.
DONE and ORDERED in Orlando, Florida on April 24, 2017.

Copies furnished to:
Unrepresented Party

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