Barber v. State Of Florida

Filing 6

ORDER: The Report and Recommendation 4 is adopted, confirmed, and approved in all respects. Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is DENIED without prejudice. Plaintiff may file an Amended Complaint within 20 days of the entry of this Order. Failure to file an Amended Complaint shall result in a dismissal of this action without further notice. Signed by Judge James S. Moody, Jr on 7/13/2010. (LN)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

TRACY BARBER, Plaintiff(s), v. STATE OF FLORIDA, Defendant(s). ___________________________________/ Case No: 8:10-CV-1113-T-30EAJ

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Elizabeth A. Jenkins (Dkt. #4). The Court notes that neither party filed written objections to the Report and Recommendation and the time for filing such objections has elapsed. 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 the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The Court notes that Plaintiff filed an Amended Complaint (Dkt. #5) on July 1, 2010. ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

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The Report and Recommendation (Dkt. #4) of the Magistrate Judge is adopted,

confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review. 2. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Dkt. #2) is

DENIED without prejudice. 3. Plaintiff may file an Amended Complaint within twenty (20) days of the entry

of this Order. Failure to file an Amended Complaint shall result in a dismissal of this action without further notice. DONE and ORDERED in Tampa, Florida on July 13, 2010.

Copies Furnished to: Counsel/Parties of Record
S:\Odd\2010\10-cv-1113.adopt 4 final.wpd

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