Masters v. Sharkey et al

Filing 7

ORDER: The Report and Recommendation (Dkt. #6) of the Magistrate Judge is adopted in part and rejected in part. It is adopted to the extent that Plaintiff's Complaint is dismissed without prejudice. Plaintiff shall have twenty (20) days to f ile an Amended Complaint. Failure to file an Amended Complaint within that time will result in the case being closed without further notice. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Dkt. #2) is DENIED as moot. In the event that Plaintiff files an Amended Complaint, he may renew his in forma pauperis motion. Signed by Judge James S. Moody, Jr on 3/26/2014. (LN)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHASE MASTERS, Plaintiff, v. Case No: 8:14-cv-684-T-30TGW DEVON SHARKEY, PETER BURSTEN and BAYCARE BEHAVIORAL HEALTH CENTER, INC., Defendants. ORDER THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Thomas G. Wilson (Dkt. #6). 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 in part and rejected in part. Accordingly, it is ORDERED AND ADJUDGED that: 1. The Report and Recommendation (Dkt. #6) of the Magistrate Judge is adopted in part and rejected in part. It is adopted to the extent that Plaintiff’s Complaint is dismissed without prejudice. Plaintiff shall have twenty (20) days to file an Amended Complaint. Failure to file an Amended Complaint within that time will result in the case being closed without further notice. 2. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Dkt. #2) is DENIED as moot. In the event that Plaintiff files an Amended Complaint, he may renew his in forma pauperis motion. DONE and ORDERED in Tampa, Florida, this 26th day of March, 2014. Copies Furnished To: Counsel/Parties of Record S:\Even\2014\14-cv-684 adopt 6.docx 2

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