Griffin v. Povich et al

Filing 8

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) A ruling on Plaintiff Alan B. Griffin's Motion for Leave to Proceed In Forma Pauperis 2 is deferred, pending receipt and review of 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, which complies with the Federal Rules of Civil Procedure. 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 1/13/2015. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALAN B. GRIFFIN,
Plaintiff,
v.

Case No: 8:14-cv-3144-T-36TGW

MAURY POVICH, MO PO
PRODUCTION INC and NBC
UNIVERSAL DISTRIBUTION,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas G. Wilson on December 24, 2014 (Doc. 5). In the Report and
Recommendation, Magistrate Judge Wilson recommends that the complaint be dismissed, but with
leave for the plaintiff to file, within thirty days, an amended complaint that complies with the
Federal Rules of Civil Procedure. Magistrate Judge Wilson also recommends that the ruling on
the request to proceed in forma pauperis be deferred. 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)

A ruling on Plaintiff Alan B. Griffin’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 2) is deferred, pending receipt and review of 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, which complies with the Federal Rules of Civil Procedure. 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 13, 2015.

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

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