Ivey v. McCormack et al

Filing 5

ORDER adopting Report and Recommendations - re 3 Report and Recommendations; Denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency. The Complaint (Doc. 1) is DISMISSED without prejudice. On or before June 8, 2017, Plaintiff may file an Amended Complaint and a renewed application to proceed in forma pauperis. Signed by Judge Carlos E. Mendoza on 5/18/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION STEVEN IVEY, Plaintiff, v. Case No: 6:17-cv-231-Orl-41GJK SEAN MCCORMACK and COLLING, GILBERT, WRIGHT, AND CARTER, 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. 3), in which he recommends that the Motion be denied and that the Complaint (Doc. 1) be dismissed without prejudice. After a de novo review of the record, and noting that no objections were timely filed, the Court agrees with the analysis in the R&R. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 3) is ADOPTED and CONFIRMED and made part of this Order. 2. Plaintiff’s Motion (Doc. 2), seeking leave to proceed in forma pauperis is DENIED. 3. The Complaint (Doc. 1) is DISMISSED without prejudice. 4. On or before June 8, 2017, Plaintiff may file an Amended Complaint and a renewed application to proceed in forma pauperis. Failure to file an Amended Page 1 of 2 Complaint within this timeframe may result in the dismissal of this case without further notice. DONE and ORDERED in Orlando, Florida on May 18, 2017. Copies furnished to: Unrepresented Party Page 2 of 2

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