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)

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

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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

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