Wagoner v. Wagoner

Filing 7

ORDER adopting 6 REPORT AND RECOMMENDATIONS re 5 MOTION for Leave to Proceed in forma pauperis filed by Tina Lynne Wagoner. The Complaint (Doc. 1) is DISMISSED. The Motion to Proceed in forma pauperis (Doc. 5) is DENIED. Plaintiff may fi le an amended complaint on or before November 13, 2017 along with a renewed motion to proceed in forma pauperis. Failure to timely file an amended complaint will result in dismissal of the case without further notice. Signed by Judge Paul G. Byron on 10/23/2017. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION TINA LYNNE WAGONER, Plaintiff, v. Case No: 6:17-cv-917-Orl-40KRS DONNA LEE (SMITH) WAGONER, Defendant. / ORDER This cause is before the Court on Plaintiff's Motion to Proceed in forma pauperis (Doc. 5) filed on September 29, 2017. The United States Magistrate Judge has submitted a report recommending that the motion be denied. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed October 2, 2017 (Doc. 6), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Complaint (Doc. 1) is DISMISSED. 3. The Motion to Proceed in forma pauperis (Doc. 5) is DENIED. 4. Plaintiff may file an amended complaint on or before November 13, 2017 along with a renewed motion to proceed in forma pauperis. Failure to timely file an amended complaint will result in dismissal of the case without further notice. DONE AND ORDERED in Orlando, Florida on October 23, 2017. Copies furnished to: Counsel of Record Unrepresented Parties 2

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