England v. Belden et al

Filing 9

ORDER: (1) The Report and Recommendation of the Magistrate Judge 8 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 for Leave to P roceed in Forma Pauperis 2 is DENIED without prejudice. (3) Plaintiff's Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff is granted leave to file an amended complaint that complies with the Federal Rules of Civil Procedure withi n twenty (20) days from the date of this Order. Failure to file an amended complaint within the time permitted will result in dismissal of this action without further notice from the Court. Signed by Judge Charlene Edwards Honeywell on 11/28/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALTHEA SMITH ENGLAND,
Plaintiff,
v.

Case No: 8:17-cv-2621-T-36JSS

DOUG BELDEN, PAT FRANK, BOB
HENRIQUEZ and LTD FAMILY TRUST
LLC,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Julie S. Sneed on November 9, 2017 (Doc. 8).

In the Report and

Recommendation, Magistrate Judge Sneed recommends that Plaintiff’s Motion for Leave to
Proceed in Forma Pauperis (Doc. 2) be denied without prejudice and that Plaintiff’s Complaint
(Doc. 1) be dismissed without prejudice and with leave to file an amended complaint. 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. 8) 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 for Leave to Proceed in Forma Pauperis (Doc. 2) is DENIED
without prejudice.

(3)

Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff is
granted leave to file an amended complaint that complies with the Federal Rules of
Civil Procedure within twenty (20) days from the date of this Order. Failure to file
an amended complaint within the time permitted will result in dismissal of this
action without further notice from the Court.

DONE AND ORDERED at Tampa, Florida on November 28, 2017.

Copies to:
The Honorable Julie S. Sneed
Counsel of Record

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