Woodbury et al v. City of Tampa Police Department et al

Filing 10

ORDER: Plaintiffs' Motion for Leave to File Second Amended Complaint 8 is GRANTED. The CLERK is directed to separately docket Plaintiffs' Second Amended Complaint and any exhibits to same. The Report and Recommendation 7 is denied as moot. Plaintiffs' Motion for Leave to Proceed In Forma Pauperis 2 shall remain pending for the Magistrate Judge's review in light of Plaintiffs' Second Amended Complaint. Signed by Judge James S. Moody, Jr on 5/13/2010. (LN)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RICHARD LEE WOODBURY, et al., Plaintiff(s), v. CITY OF TAMPA POLICE DEPARTMENT, et al., Defendant(s). ___________________________________/ Case No: 8:10-cv-772-T-30AEP ORDER THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Anthony E. Porcelli (Dkt. #7), the Plaintiff's Objections thereto (Dkt. #9), and Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. #8). After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that Plaintiff's Motion for Leave to File Second Amended Complaint should be granted and the Magistrate Judge's Report and Recommendation should be denied as moot. ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED that: Page 1 of 2 1. Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. #8) is hereby GRANTED. 2. The CLERK is directed to separately docket Plaintiff's Second Amended Complaint and any exhibits to same. 3. The Report and Recommendation (Dkt. #7) of the Magistrate Judge is denied as moot. 4. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Dkt. #2) shall remain pending for the Magistrate Judge's review in light of Plaintiff's Second Amended Complaint. DONE and ORDERED in Tampa, Florida on May 13, 2010. Copies Furnished to: Counsel/Parties of Record S:\Even\2010\10-cv-772.adopt 7.wpd Page 2 of 2

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