Kimball v. Bay Pines VA Hospital et al

Filing 3

ORDER adopting 2 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved, 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 1 is DENIED without prejudice. (3) Plaintiff's case is DISMISSED without prejudice. (4) Plaintiff may file a new lawsuit, with a new case number, and a complaint that com plies with the Federal Rules of Civil Procedure. Upon filing the new lawsuit, Plaintiff may file a Motion for Leave to Proceed in Forma Pauperis. (5) The Clerk is directed to terminate all pending motions and close this file. Signed by Judge Charlene Edwards Honeywell on 5/30/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TERRY LYNN KIMBALL,
Plaintiff,
v.

Case No: 8:17-mc-51-T-36JSS

BAY PINES VA HOSPITAL, BAY PINES
POLICE and SHERIFF’S DEPARTMENT
PINELLAS COUNTY,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation, filed by
Magistrate Judge Julie S. Sneed on May 12, 2017 (Doc. 2). In the Report and Recommendation,
Magistrate Judge Sneed recommends that Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (Doc. 1) be DENIED, without prejudice, and Plaintiff’s case be DISMISSED, without
prejudice, and with leave to file a complaint that complies with the Federal Rules of Civil
Procedure. Plaintiff was furnished a copy of the Report and Recommendation and was 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. 2) is adopted,
confirmed, and approved, 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 (Dkt. 1) is DENIED
without prejudice.

(3)

Plaintiff’s case is DISMISSED without prejudice.

(4)

Plaintiff may file a new lawsuit, with a new case number, and a complaint that
complies with the Federal Rules of Civil Procedure. Upon filing the new lawsuit,
Plaintiff may file a Motion for Leave to Proceed in Forma Pauperis.

(5)

The Clerk is directed to terminate all pending motions and close this file.

DONE AND ORDERED at Tampa, Florida on May 30, 2017.

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

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