Gladney v. Internal Revenue Service

Filing 6

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 app ellate review. (2) Plaintiff's Motion to Proceed In Forma Pauperis 2 is DENIED, without prejudice. Plaintiff may file an amended motion to proceed in forma pauperis, including a financial affidavit which fully sets forth his income and liab ilities. (3) Plaintiff's Petition 1 is DISMISSED without prejudice. Plaintiff is granted leave to file an amended complaint within twenty (20) days from the date of this Order which clearly set forth a cause of action consistent with the pl eading requirements of the Federal Rules of Civil Procedure and which clearly states the basis of this Court's jurisdiction. Failure to comply with this Order may result in the dismissal of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 7/25/2016. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JEFFERY DANIEL GLADNEY,
Plaintiff,
v.

Case No: 8:16-cv-1700-T-36TBM

INTERNAL REVENUE SERVICE,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. McCoun III on July 5, 2016 (Doc. 5).

In the Report and

Recommendation, Magistrate Judge McCoun recommends that the Court DISMISS the Petition
(Doc. 1) and DENY without prejudice Plaintiff’s motion to proceed in forma pauperis (Doc. 2).
Magistrate Judge McCoun further recommends that the Court grant Plaintiff permission to file a
Financial Affidavit fully setting forth his income and liabilities and an Amended Complaint, which
clearly sets forth a cause of action consistent with the pleading requirements of the Federal Rules
of Civil Procedure and which clearly states the basis of this Court’s jurisdiction, within twenty
(20) days of the Court’s Order, failing which may result in a dismissal of the action without further
notice. 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’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED, without
prejudice. Plaintiff may file an amended motion to proceed in forma pauperis,
including a financial affidavit which fully sets forth his income and liabilities.

(3)

Plaintiff’s Petition (Doc. 1) is DISMISSED without prejudice. Plaintiff is granted
leave to file an amended complaint within twenty (20) days from the date of this
Order which clearly set forth a cause of action consistent with the pleading
requirements of the Federal Rules of Civil Procedure and which clearly states the
basis of this Court’s jurisdiction. Failure to comply with this Order may result
in the dismissal of this action without further notice.

DONE AND ORDERED at Tampa, Florida on July 25, 2016.

Copies to:
The Honorable Thomas B. McCoun III
Counsel of Record

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