Riethmiller v. People Ready Florida, Inc. et al

Filing 42

ORDER denying as moot 24 motion to dismiss; Adopting Report and Recommendations - re 28 Report and Recommendations. The Court's Order (Doc. 7) granting Plaintiff leave to proceed in forma pauperis is VACATED. Plaintiff's Appli cation to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) is DENIED. Plaintiff's Complaint (Doc. 1) is DISMISSED. The Clerk is directed to deny all pending motions as moot and close this case. Signed by Judge Carlos E. Mendoza on 3/21/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ANNAMARIE RIETHMILLER,
Plaintiff,
v.

Case No: 6:17-cv-1414-Orl-41DCI

PEOPLE READY FLORIDA, INC.,
SPRING FOOD SVC, LLC, DISNEY
WORLD RESORTS and BANK OF
AMERICA, N.A.,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Application to Proceed in District Court
Without Prepaying Fees or Costs (“Motion,” Doc. 2). United States Magistrate Judge Daniel C.
Irick submitted a Report and Recommendation (Doc. 28), in which he recommends that the Motion
be denied and that the previous Order granting Plaintiff leave to proceed in forma pauperis be
vacated. He further recommends that the Complaint (Doc. 1) be dismissed without leave to amend.
Plaintiff filed an untimely Objection to the Report and Recommendation (Doc. 37). Aside
from reiterating the claims in her Complaint, Plaintiff asserts in her Objection that the Report and
Recommendation is void because Judge Irick did not have jurisdiction to submit it. (Id. ¶ 4).
Plaintiff fails to cite any legal authority to support her assertion and the Court finds the argument
to be wholly without merit.
After a de novo review of the record, the Court agrees with the analysis set forth in the
Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows:

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1. The Report and Recommendation (Doc. 28) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Court’s Order (Doc. 7) granting Plaintiff leave to proceed in forma pauperis is
VACATED.
3. Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Doc. 2) is DENIED.
4. Plaintiff’s Complaint (Doc. 1) is DISMISSED.
5. The Clerk is directed to deny all pending motions as moot and close this case.
DONE and ORDERED in Orlando, Florida on March 21, 2018.

Copies furnished to:
Counsel of Record

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