Dennis v. Smith

Filing 18

ORDER adopting 16 REPORT AND RECOMMENDATIONS re 9 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Johnnie B. Dennis, 13 Amended Complaint filed by Johnnie B. Dennis. The Amended Complaint (Doc. 13 ) is DISMISSED WITHOUT PREJUDICE. On or before May 9, 2018, Plaintiff may file a Second Amended Complaint in accordance with this Order and Judge Kelly's Report and Recommendation (Doc. 16 ). Signed by Judge Roy B. Dalton, Jr. on 4/24/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOHNNIE B. DENNIS,
v.

Plaintiff,

Case No. 6:17-cv-1971-Orl-37GJK

BREVARD COUNTY; and BREVARD
COUNTY COMMISSIONERS,
Defendants.
ORDER
This cause is before the Court on the following matters: (1) Plaintiff’s Motion for
Leave to Proceed In Forma Pauperis (Doc. 9); (2) a Report and Recommendation (Doc. 16);
and (3) Plaintiff’s Objection (Doc. 17).
BACKGROUND
Pro Se Plaintiff Johnnie B. Dennis (“Plaintiff”) first initiated this civil rights action
on November 16, 2017, by filing his initial Complaint and a Motion for Leave to Proceed
In Forma Pauperis (“First IFP Motion”). (Docs. 1, 2.) After the Court denied the
insufficiently supported First IFP Motion (Doc. 7), Plaintiff filed another Motion for Leave
to Proceed In Forma Pauperis (Doc. 9 (“Second IFP Motion”)). One month later, on
February 23, 2018, Plaintiff filed an Amended Complaint (Doc. 13). Subsequently, the
action was transferred to the Undersigned (Doc. 14), and on March 23, 2018, United States
Magistrate Judge Gregory J. Kelly (“Judge Kelly”) issued a Report and Recommendation
concerning disposition of the Second IFP Motion (“Report”). (Doc. 16.) Plaintiff objected
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(Doc. 17 (“Objection”)), and the matter is now ripe for adjudication.
D ISCUSSION
In accordance with 28 U.S.C. § 636, a district judge may refer matters to a
magistrate judge for issuance of a report and recommendation. When a party files
objections in accordance with Federal Rule of Civil Procedure 72(b)(2), the district judge
must make a de novo determination of the portions of the report and recommendation to
which an objection is made. Ultimately, the district judge may “accept, reject, or modify
the recommended disposition.” See Fed. R. Civ. P. 72(b)(3).
Faced with a conclusory and confusing handwritten pro se pleading, Judge Kelly
provided a thoughtful and thorough examination of Plaintiff’s asserted claims. (See
Doc. 16.) Applying the correct legal standards and favoring Plaintiff with every possible
positive inference, Judge Kelly concluded that the Court should deny the Second IFP
Motion, dismiss the Amended Complaint, and permit repleader. (Doc. 16.) The Objection
does not provide a coherent challenge to Judge Kelly’s careful and fair analysis; instead,
Plaintiff accuses Judge Kelly of being “deplorable” and “using Jim Crow laws.” (Doc. 17.)
The Court rejects Plaintiff’s meritless Objection and finds that the Report is due to be
accepted.
CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED that:
1.

Plaintiff’s Objection (Doc. 17) is REJECTED.

2.

The Report and Recommendation (Doc. 16) is ADOPTED, CONFIRMED,
and made part of this Order.
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3.

Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 9) is
DENIED.

4.

The Amended Complaint

(Doc. 13) is DISMISSED WITHOUT

PREJUDICE.
5.

On or before May 9, 2018, Plaintiff may file a Second Amended Complaint
in

accordance with this Order

and Judge Kelly’s

Report

and

Recommendation (Doc. 16).
6.

Absent timely compliance with the Court’s Orders and diligent prosecution
of this action, the Court will direct the Clerk to close this file without further
notice.

DONE AND ORDERED in Orlando, Florida, this 24th day of April, 2018.

Copies to:
Counsel of Record
Pro Se Party

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