Browning v. Hernando County Jail et al

Filing 5

ORDER adopting 4 REPORT AND RECOMMENDATION re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Jonathan Carl Browning, dismissing Complaint without prejudice, granting leave to file an Amended Complaint within twenty days of the date of this Order, and denying Motion for Leave to Proceed IFP. Signed by Judge Elizabeth A. Kovachevich on 6/11/2012. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JONATHAN CARL BROWNING,
Plaintiff,
v.

CASE NO. 8:12-CV-329-T-17TBM

HERNANDO COUNTY JAIL,
et al.,
Defendants.
______________________/

ORDER
This cause is before the Court on:

Dkt. 4

Report and Recommendation

A Report and Recommendation has been entered by the assigned Magistrate
Judge, in which it is recommended that the Court dismiss the Complaint, and deny
Plaintiff’s construed motion to proceed IFP (Dkt. 2) without prejudice, and with leave to
file an Amended Complaint which is consistent with the pleading requirements of the
Federal Rules of Civil Procedure within twenty days of the Court’s Order, and which
notifies Plaintiff that failure to file an Amended Complaint may result in the dismissal of
this case without further notice.

The Court has independently reviewed the pleadings. No objection to the Report
and Recommendation has been filed. After consideration, the Court adopts and
incorporates the Report and Recommendation. Accordingly, it is

ORDERED that the Report and Recommendation is adopted and incorporated.
The Court dismisses Plaintiff’s Complaint without prejudice, and with leave to file an

Case No. 8:12-CV-329-T-17TBM
Amended Complaint which complies with the Federal Rules of Civil Procedure within
twenty days of the date of this Order. The Court denies Plaintiff’s Motion to Proceed
IFP (Dkt. 2) without prejudice. Upon submission of the Amended Complaint, Plaintiff
shall file a Motion to Proceed IFP.

Failure to file an Amended Complaint within twenty

days may result in the dismissal of this case without further notice.

DONE and ORDERED in Chambers, in Tampa, Florida on this
11th day of June, 2012.

Copies to:
All parties and counsel of record

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