Walleske v. Roundtree et al

Filing 7

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; Finding as moot 3 Report and Recommendations. Adopting Report and Recommendations - re 6 Report and Recommendations. The Amended Bill in Equity (Doc. 5) is DISMISSED without prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/19/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CLARENCE EDWARD WALLESKE,
JR.,
Plaintiff,
v.

Case No: 6:17-cv-555-Orl-41TBS

ROBERT ROUNDTREE, JR., JANE
DOE ROUNDTREE, BILL CERVONE
and JANE DOE CERVONE,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Application to Proceed in District Court
Without Prepaying Fees or Costs (Doc. 2). On April 27, 2017, United States Magistrate Judge
Thomas B. Smith submitted a Report and Recommendation 1 (Doc. 6), in which he recommends
that the motion be denied and the Amended Bill in Equity (Doc. 5) be dismissed without prejudice
and without leave to amend.
After a de novo review of the record, and noting that no objections were timely filed, this
Court agrees with the analysis in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The April 3, 2017 Report and Recommendation (Doc. 3) is MOOT.

1

On April 3, 2017, Judge Smith submitted a Report and Recommendation (Doc. 3),
recommending that this case be dismissed without prejudice. Thereafter, Plaintiff filed the
Amended Bill in Equity (Doc. 5). Accordingly, the April 3, 2017 Report and Recommendation is
moot.

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2. The April 27, 2017 Report and Recommendation (Doc. 6) is ADOPTED and
CONFIRMED and made a part of this Order.
3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Doc. 2) is DENIED.
4. The Amended Bill in Equity (Doc. 5) is DISMISSED without prejudice. The
Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on June 19, 2017.

Copies furnished to:
Unrepresented Parties

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