Williams v. Case et al

Filing 8

ORDER: The Report and Recommendation (Dkt. #6) of the Magistrate Judge is adopted, confirmed, and approved in all respects. Plaintiff's Complaint is dismissed without prejudice. Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Dkt. #2) is denied without prejudice. Should he wish to do so, Plaintiff has thirty (30) days from the date of this Order in which to file an Amended Complaint and a supplement explaining his inability to pay the filing fee. Plaintiff's failure to file an Amended Complaint and a supplement within the thirty (30) day period may result in the closure of this case without further notice. Signed by Judge James S. Moody, Jr on 3/2/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALLEN M. WILLIAMS, pro se,
Plaintiff,
v.

Case No: 8:15-cv-288-T-30TGW

JUSTIN CASE, BRIAN BERND, CITY
OF NEW PORT RICHEY, FLORIDA,
CHRIS NOCCO, BERNIE MCCABE,
CORPORAL DEROUIN, JOHN DOE,
JUSTIN CASE, CORPORAL DEROUIN,
and BRIAN BERND,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas G. Wilson (Dkt. #6). The Court notes that any
objection to the Report and Recommendation would be futile because, based upon the
Court’s review of the Report and Recommendation and the pro se Plaintiff’s Complaint,
amendment is required under the Federal Rules of Civil Procedure for the reasons stated in
the Magistrate Judge’s Report and Recommendation.
ACCORDINGLY, it is therefore ORDERED AND ADJUDGED as follows:
1.

The Report and Recommendation (Dkt. #6) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.
2.

Plaintiff’s Complaint is dismissed without prejudice.

3.

Plaintiff’s Motion for Leave to Proceed in Forma Pauperis (Dkt. #2) is denied

without prejudice.
4.

Should he wish to do so, Plaintiff has thirty (30) days from the date of this

Order in which to file an Amended Complaint and a supplement explaining his inability to
pay the filing fee.
5.

Plaintiff’s failure to file an Amended Complaint and a supplement within the

thirty (30) day period may result in the closure of this case without further notice.
DONE and ORDERED in Tampa, Florida, this 2nd day of March, 2015.

Copies Furnished To:
Counsel/Parties of Record
S:\Even\2015\15-cv-288 adopt 6.docx

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