Fitts v. Pinellas County Tax Collector et al

Filing 7

ORDER adopting 5 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellat e review. (2) Plaintiff, Darrell Ray Fitts' Motion for Leave to Proceed In Forma Pauperis 2 is DENIED, without prejudice. Plaintiff may file another motion for leave to proceed in forma pauperis with the amended complaint. (3) Plaintiff&# 039;s Complaint 1 is dismissed without prejudice. Plaintiff is given leave to file an amended complaint within THIRTY (30) DAYS from the date of this order. Failure to file an amended complaint within this time period will result in dismissal of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 1/8/2015. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DARRELL RAY FITTS,
Plaintiff,
v.

Case No: 8:14-cv-2784-T-36TGW

PINELLAS COUNTY TAX COLLECTOR,
SUSAN DWYER, DAVID BAILEY,
TROYANNA WOODWARD, JENNIFER
LEE DIETZ, DANIELLE MARIE EVANS,
MICHAEL DYWER and CRISTIN MARIE
MENDOZA,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas G. Wilson on December 19, 2014 (Doc. 5). In the Report and
Recommendation, Magistrate Judge Wilson recommends that the complaint be dismissed, but that
the plaintiff be allowed to file within thirty days an amended complaint that complies with the
Federal Rules of Civil Procedure.

All parties were furnished copies of the Report and

Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. §
636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now

ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 5) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Plaintiff, Darrell Ray Fitts’ Motion for Leave to Proceed In Forma Pauperis (Doc.
2) is DENIED, without prejudice. Plaintiff may file another motion for leave to
proceed in forma pauperis with the amended complaint.

(3)

Plaintiff’s Complaint (Doc. 1) is dismissed without prejudice. Plaintiff is given
leave to file an amended complaint within THIRTY (30) DAYS from the date of
this order. Failure to file an amended complaint within this time period will result
in dismissal of this action without further notice.

DONE AND ORDERED at Tampa, Florida on January 8, 2015.

Copies to:
The Honorable Thomas G. Wilson
Counsel of Record

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