Davis v. Harmon et al

Filing 5

Order DISMISSING this case pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk is directed to CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 6/9/2009. (ACD)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION GRADY DAVIS, JR., Plaintiff, v. CHARLES HARMON, et al., Defendants. __________________________/ ORDER The Court raises this issue sua sponte. Plaintiff filed Magistrate Case No.: 8:09-cv-571-T-33TGW

a Motion to Proceed In Forma Pauperis (Doc. 2).

Judge Thomas G. Wilson issued a Report and Recommendation (Doc. 3) recommending denial of the Motion to Proceed In Forma Pauperis (Doc. 2) and dismissal of the Complaint (Doc. 1) for failure to state a claim upon which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). On April 28, 2009, the Court issued an Order (Doc. 4) accepting and adopting the Report and Recommendation and dismissing the Complaint (Doc. 4). In the same Order, the

Court directed Plaintiff to file an Amended Complaint within ten (10) days or this case would be closed. to file anything within the time allotted. Accordingly, it is ORDERED, ADJUDGED and DECREED that: This case is DISMISSED pursuant to 28 U.S.C. Plaintiff failed

§ 1915(e)(2)(B)(ii). case.

The Clerk is directed to

CLOSE this

DONE and ORDERED from Chambers in Tampa, Florida on this 9th day of June 2009.

Copies to: All parties of record

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