Young v. United States of America

Filing 4

ORDER adopting 3 REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Christopher Young. Signed by Judge Roy B. Dalton, Jr. on 6/27/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CHRISTOPHER YOUNG,
Plaintiff,
v.

Case No. 6:18-cv-877-Orl-37KRS

UNITED STATES OF AMERICA,
Defendant.
_____________________________________
ORDER
Plaintiff Christopher Young initiated this action against the United States of
America pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346 (“FTCA”), claiming
that the Social Security Administration negligently failed to pay him attorney fees. (Doc.
1 (“Complaint”).) With the Complaint, Young filed an application to proceed without
prepaying fees or costs, construed as a motion to proceed in forma pauperis. (Doc. 2 (“IFP
Motion”).) On referral, U.S. Magistrate Judge Karla R. Spaulding recommends that the
Court: (1) deny Young’s IFP motion; (2) dismiss the Complaint for lack of subject matter
jurisdiction; and (3) provide Young an opportunity to re-file under the appropriate
statute, provided he can properly allege he exhausted his administrative remedies as
required. (Doc. 3 (“R&R”).)
The parties did not object to the R&R, and the time for doing so has now passed.
As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
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also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no error, the
Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 3) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.

3.

Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED.

4.

On or before Thursday, July 5, 2018, Plaintiff may file an amended
complaint consistent with the strictures of this Order, along with a renewed
motion to proceed in forma pauperis or payment of the filing fee. Failure to
file an amended complaint within this time period will result in dismissal
of this case without further notice.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 27, 2018.

Copies to:
Counsel of Record
Pro Se Party

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