Albino v. Albino et al

Filing 7

ORDER adopting 6 Report and Recommendations.. The Application to Proceed in District Court Without Prepaying Fees orCosts (Doc. 2) is DENIED without prejudice. Plaintiff's Complaint (Doc. 1) is DISMISSED without prejudice. On or before March 13, 2017, Plaintiff may file and Amended Complaint. Signed by Judge Roy B. Dalton, Jr. on 2/28/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JAIME L. ALBINO,
Plaintiff,
v.

Case No. 6:16-cv-2151-Orl-37DCI

BEVERLY ALBINO; DIANA M.
TENNIS; ANN COFFIN; JEFFREY L.
ASHTON; FREDERICK J. LAUTEN;
PAMELA BONDI; HERNAN CASTRO;
and NORBERTO KATZ,
Defendants.
ORDER
This matter is before the Court on review of a Report and Recommendation (Doc. 6
(“Report”)), in which U.S. Magistrate Judge Daniel C. Irick advises the Court to deny the
pro se Plaintiff’s application to proceed in forma pauperis (Doc. 2 (“Application”)) and to
dismiss the Complaint for lack of subject matter jurisdiction in accordance with 28 U.S.C.
§ 1915 (Doc. 6). Pursuant to Federal Rule of Civil Procedure 72, the Plaintiff was required
to file his objections to the Report—if any—on or before February 23, 2017. See Fed. R.
Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(d). That deadline has passed, and Plaintiff did
not file objections. Accordingly, the Court may now “accept, reject, or modify” the
“recommended disposition” set forth in the Report. See Fed. R. Civ. P. 72(b)(3). Absent
objections from Plaintiff, and upon careful review, the Court finds that the Report is due
to be accepted, the Complaint (Doc. 1) is due to be dismissed without prejudice, and the
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Application (Doc. 2) is due to be denied. As further recommended by Magistrate Judge
Irick, Plaintiff will be granted leave to file an Amended Complaint. (Doc. 6, p. 4.)
III.

CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation

(Doc. 6) is ACCEPTED, ADOPTED, and made part of this Order.
2.

The Application to Proceed in District Court Without Prepaying Fees or

Costs (Doc. 2) is DENIED without prejudice.
3.

Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice.

4.

On or before March 13, 2017, Plaintiff may file and Amended Complaint

that must comply in all respects with the minimum pleading requirements set forth in
Rules 8 and 10 of the Federal Rules of Civil Procedure.
5.

If Plaintiff fails to comply with this Order in the time prescribed above, this

matter will be closed without further notice.
DONE AND ORDERED in Orlando, Florida, this 28th day of February, 2017.

Copies to:
Pro Se Plaintiff
Counsel of Record
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