Lindberg v. Utsler et al

Filing 24

ORDER adopting 22 REPORT AND RECOMMENDATIONS re 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency filed by Lena Marie Lindberg. Signed by Judge Roy B. Dalton, Jr. on 11/18/2021. (BIA) (ctp)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LENA MARIE LINDBERG, Plaintiff, v. Case No. 6:21-cv-1544-RBD-GJK MICHAEL UTSLER; MICHAEL BERNARD; ROBERT WAYNE IVEY; KEVIN ROBERTS; UNKNOWN #1; and UNKNOWN #2, Defendants. ____________________________________ ORDER Plaintiff filed a pro se Complaint against Defendants, alleging assault, attempted abduction, and a number of other crimes. (Doc. 1.) She also moved to proceed in forma pauperis. (Doc. 2 (“Motion”).) Given Plaintiff’s pattern of filing frivolous documents, the Court previously required all filings by Plaintiff to be reviewed for frivolity. (Doc. 20.) So on referral, U.S. Magistrate Judge Gregory J. Kelly entered a Report and Recommendation submitting that the Court should deny the Motion and dismiss the Complaint with prejudice as unintelligible, frivolous, and noncompliant with the Federal Rules of Civil Procedure. (Doc. 22, pp. 2–3 (“R&R”).) The parties did not object and the deadline has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety. 2. Plaintiff’s Motion (Doc. 2) is DENIED. 3. The Complaint (Doc. 1) is DISMISSED WITH PREJUDICE. 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on November 18, 2021. Copies to: Pro se Plaintiff Lena Marie Lindberg 2

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