Trotter v. Swearingen et al

Filing 14

ORDER: (1) The Report and Recommendation of the Magistrate Judge 12 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 Amended Motion for L eave to Proceed in Forma Pauperis 9 is DENIED without prejudice. (3) Plaintiff's Complaint 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. Failure to file an amended complaint within the time provided will result in this action being dismissed without further notice. Signed by Judge Charlene Edwards Honeywell on 4/19/2018. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANDRE TROTTER,
Plaintiff,
v.

Case No: 8:18-cv-545-T-36JSS

RICHARD SWEARINGEN, FLORIDA
DEPARTMENT OF LAW
ENFORCEMENT, STATE OF FLORIDA
and BRADENTON POLICE
DEPARTMENT,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Julie S. Sneed on March 27, 2018 (Doc. 12). In the Report and Recommendation,
Magistrate Judge Sneed recommends that: 1. Plaintiff’s Amended Motion for Leave to Proceed in
Forma Pauperis (Dkt. 9) be DENIED without prejudice; and 2. Plaintiff’s Complaint (Dkt. 1) be
DISMISSED without prejudice and with leave to file an amended complaint that complies with
the Federal Rules of Civil Procedure. 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. 12) 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 Amended Motion for Leave to Proceed in Forma Pauperis (Doc. 9) 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. Failure to file an amended complaint
within the time provided will result in this action being dismissed without
further notice.

DONE AND ORDERED at Tampa, Florida on April 19, 2018.

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

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