Darien v. City of Tampa Police Department et al

Filing 13

ORDER overruling 12 --objections; adopting 11 --REPORT AND RECOMMENDATIONS; denying 9 --construed motion to proceed in forma pauperis; dismissing 9 --amended complaint; directing the Clerk to TERMINATE any pending motion and to CLOSE the case. Signed by Judge Steven D. Merryday on 7/22/2014. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EDDIE LEE DARIEN, JR.,
Plaintiff,
v.

CASE NO.: 8:14-cv-446-T-23TBM

CITY OF TAMPA POLICE
DEPARTMENT, et al.,
Defendants.

/
ORDER

On July 11, 2014, the magistrate judge issued a report (Doc. 11) that
recommends the denial of the pro se plaintiff’s amended, construed motion to proceed
in forma pauperis (Doc. 9) and that recommends the dismissal of the amended
complaint. The plaintiff objects (Doc. 12).
As noted by the magistrate judge (Doc. 11 at 3), the amended complaint
(1) fails to allege the elements of a cognizable claim and (2) fails to establish federal
jurisdiction. The report and recommendation (Doc. 11) is ADOPTED, the plaintiff’s
objection (Doc. 12) is OVERRULED, the plaintiff’s amended motion (Doc. 9) is
DENIED, and the amended complaint (Doc. 9) is DISMISSED.
The clerk (1) will terminate any pending motion and (2) will close the case.
ORDERED in Tampa, Florida, on July 22, 2014.