Page et al v. Daprille et al

Filing 11

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; Adopting Report and Recommendations - re 7 Report and Recommendations. The Complaint (Doc. 1) is DISMISSED without prejudice. On or before November 8, 2018, Plaintiffs may file an amended complaint and a renewed motion to proceed in forma pauperis. Signed by Judge Carlos E. Mendoza on 10/22/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ALBERT PAGE and KIMBERLY
PAGE,
Plaintiffs,
v.

Case No: 6:18-cv-788-Orl-41GJK

JOSEPH DAPRILLE, KELLY HOFF,
WANDA RIVERA, CITY OF
ORLANDO, FLORIDA, BUDDY DYER,
ORLANDO POLICE DEPARTMENT,
CHIEF, ORLANDO POLICE
DEPARTMENT, OFFICER RAMOS,
ORANGE COUNTY SHERIFF
DEPARTMENT, CHIEF, ORANGE
COUNTY SHERIFF DEPARTMENT, C.
BORZYCH, DAVID TRAVIN and
OFFICER DORAN,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiffs’ Motion to Proceed In Forma Pauperis
(“Motion,” Doc. 2). United States Magistrate Judge Gregory J. Kelly submitted a Report and
Recommendation (“R&R,” Doc. 7), in which he recommends that the Motion be denied. Further,
Judge Kelly recommends that the Complaint (Doc. 1) be dismissed without prejudice and that
Plaintiffs be given an opportunity to file an amended complaint along with a renewed motion to
proceed in forma pauperis. (Doc. 7 at 5).
Plaintiffs filed a Motion for Extension of Time to File Amended Complaint and Renewed
Motion for Leave to Proceed In Forma Pauperis, (see generally “Motion for Extension,” Doc. 8),
which the Court construes as an Objection to the R&R. Plaintiffs requested that the Motion for

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Extension to serve as a “Notice of Appeal Objection” should the Motion be denied. (Id. at 1) The
Motion for Extension was refiled as such (Doc. 10). Plaintiffs’ Objection does not address Judge
Kelly’s legal analysis and thus does not serve as a basis for this Court to conduct a de novo review.
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
After reviewing the record in this matter, the Court agrees with the analysis set forth in the
R&R. Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 7) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiffs’ Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED.
3. The Complaint (Doc. 1) is DISMISSED without prejudice. On or before
November 8, 2018, Plaintiffs may file an amended complaint and a renewed
motion to proceed in forma pauperis. Failure to do so may result in dismissal of the
case without further notice.
DONE and ORDERED in Orlando, Florida on October 22, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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