The Oasis at Moss Park, LLC v. Gamble

Filing 9

ORDER adopting 4 REPORT AND RECOMMENDATIONS re 3 MOTION for Leave to Proceed in forma pauperis filed by Wesely Gamble. This case is REMANDED to the County Court of the Ninth Judicial Circuit in and for Orange County, Florida for lack of subject-matter jurisdiction. The Clerk is DIRECTED to terminate the motion to proceed in forma pauperis (Doc. 3). The Clerk is further DIRECTED to send a copy of this Order to the Clerk of the Court for the County Court of the Ninth Judicial Circuit in and for Orange County, Florida and to CLOSE the file. Signed by Judge Paul G. Byron on 7/31/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

THE OASIS AT MOSS PARK, LLC,
Plaintiff,
v.

Case No: 6:17-cv-1224-Orl-40KRS

WESELY GAMBLE,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff's Application to Proceed in District Court
without Prepaying Fees or Costs (Doc. 3) filed on July 5, 2017. The United States
Magistrate Judge has submitted a report and recommendation.
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 July 11, 2017 (Doc. 4), is ADOPTED

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

This case is REMANDED to the County Court of the Ninth Judicial Circuit

in and for Orange County, Florida for lack of subject-matter jurisdiction.
3.

The Clerk is DIRECTED to terminate the motion to proceed in forma

pauperis (Doc. 3).

4.

The Clerk is further DIRECTED to send a copy of this Order to the Clerk of

the Court for the County Court of the Ninth Judicial Circuit in and for Orange County,
Florida and to CLOSE the file.
DONE AND ORDERED in Orlando, Florida on July 31, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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