Harris v. Commissioner of Social Security

Filing 5

REPORT AND RECOMMENDATION recommending that Plaintiff's 2 Motion for Leave to Proceed in forma pauperis be DENIED and the Plaintiff's 1 Complaint be DISMISSED. Signed by Magistrate Judge Anthony E. Porcelli on 2/8/2010. (JMSC)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHARLES ERIC HARRIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the United States Social Security Administration, Defendant. / REPORT AND RECOMMENDATION THIS MATTER is before the Court on the pro se Plaintiff's Complaint (Dkt. No. 1), and Affidavit of Indigency (Dkt. No. 2), which the Court construes as a Motion for Leave to Proceed in forma pauperis. The Court previously took Plaintiff's Motion under advisement after finding that Plaintiff's Complaint (Dkt. No. 1) did not properly set forth a cause of action. (See Dkt. No. 4.) The Court further allowed Plaintiff an opportunity to file an amended complaint by February 5, 2010, and recommended dismissal of the action should Plaintiff fail to do so. (Id.) Plaintiff has failed to file an amended complaint by the stated deadline. For the reasons articulated in this Court's prior Order (Dkt. No. 4), the undersigned recommends that the Case No: 8:09-CV-2546-T-30AEP

Plaintiff's Motion for Leave to Proceed in forma pauperis (Dkt. No. 2) be DENIED and the Plaintiff's Complaint (Dkt. No. 1) be DISMISSED. IT IS SO REPORTED at Tampa, Florida on this 8th day of February, 2010.

NOTICE TO PARTIES Failure to file and serve written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date it is served on the parties shall bar an aggrieved party from a de novo determination by the District Court of issues covered in the report, and shall bar the party from attacking on appeal factual findings in the report accepted or adopted on appeal by the District Court except upon grounds of plain error or manifest injustice. 28 U.S.C. § 636(b)(1)(C); Local Rule 6.02; Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (en banc). Copies furnished to: Hon. James S. Moody, Jr. Plaintiff, pro se

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