Janvier v. Cowles

Filing 6

ORDER adopting 4 REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by John Peterson Janvier. The Application to Proceed in District Court without Prepaying Fees and Costs (Doc. 2) is DENIED. The Complain t (Doc. 1) is DISMISSED without prejudice. Plaintiff is granted leave to do the following no later than 21 days after the date of this Order:a. File an amended complaint; and b. File a renewed motion to proceed in forma pauperis or pay the full filin g fee. Plaintiff is admonished that failure to file an amended complaint and a renewed motion to proceed in forma pauperis or pay the full filing fee in the time provided may result in the case being dismissed. The Clerk is DIRECTED to send a copy of this report and recommendation to Plaintiff by regular and certified mail. Signed by Judge Paul G. Byron on 6/29/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOHN PETERSON JANVIER,
Plaintiff,
v.

Case No: 6:17-cv-1001-Orl-40DCI

BILL COWLES,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff's Application to Proceed in District Court
without Prepaying Fees and Costs (Doc. 2) filed on June 2, 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 June 13, 2017 (Doc. 4), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Application to Proceed in District Court without Prepaying Fees and

Costs (Doc. 2) is DENIED.
3.

The Complaint (Doc. 1) is DISMISSED without prejudice.

4.

Plaintiff is granted leave to do the following no later than 21 days after the

date of this Order:
a. File an amended complaint; and

b. File a renewed motion to proceed in forma pauperis or pay the full filing fee.
5.

Plaintiff is admonished that failure to file an amended complaint and a

renewed motion to proceed in forma pauperis or pay the full filing fee in the time provided
may result in the case being dismissed.
6.

The Clerk is DIRECTED to send a copy of this report and recommendation

to Plaintiff by regular and certified mail.
DONE AND ORDERED in Orlando, Florida on June 29, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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