Brett v. Baker et al

Filing 5

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; Denying 3 Motion to Seal; Adopting Report and Recommendations -re 4 Report and Recommendations. The Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 4/18/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

FRANK BRETT,
Plaintiff,
v.

Case No: 6:17-cv-376-Orl-41TBS

DAVID BAKER, BILL NAULLY,
DAVID SAMSON, CAPE REGIONAL
MEDICAL CENTER BOSS, JOHN
WHITE, DAVID GRAHAM, RB
HOMES, ROB LAUFF, STENGERS,
ISCOLI, GREEN, STERLING
TARBETT, MRS. PITIE, STEPHIE
BRYGHAM LAYATA, ORLANDO
RESCUE MISSION, ROBERT
RODIWELL, LOUIS VASQUEZ,
UNKNOWN BOSS, CHUCK SNYDER,
JACK MILLER, JOHN MCCORMACK
and TOM HILTON,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 2) and Motion for Leave to File Under Seal (Doc. 3). 1 United States Magistrate
Judge Thomas B. Smith submitted a Report and Recommendation (“R&R,” Doc. 4), in which he
recommends that the motions be denied and the Complaint (Doc. 1) be dismissed without leave to
amend.

1

The Complaint, motions, and other documents contained in this file are unable to be
scanned into the electronic record due to their physical condition. The paper file will be retained
in the Clerk’s Office.

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Judge Smith further recommends that a Martin-Trigona order be issued against Plaintiff as
a serial filer. However, subsequent to the issuance of the R&R, United States District Judge G.
Kendall Sharp issued such an order. See Brett v. U.S. Marshall Rodriguez, Case No. 6:17-cv-313Orl-18KRS (M.D. Fla. Mar. 28, 2017), Doc. 9. Therefore, insofar as the R&R recommends the
issuance of a Martin-Trigona order, the R&R is moot and will not be addressed in this Order. After
a de novo review of the record, and noting that no objections were timely filed, this Court agrees
with the analysis in the remainder of the R&R.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 4) is ADOPTED and CONFIRMED and
made a part of this Order to the extent stated herein.
2. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 2) and Motion
for Leave to File Under Seal (Doc. 3) are DENIED.
3. The Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is directed
to close this case.
DONE and ORDERED in Orlando, Florida on April 18, 2017.

Copies furnished to:
Unrepresented Party

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