MILLER v. GABBY

Filing 11

ORDER ACCEPTING AND ADOPTING 8 REPORT AND RECOMMENDATION. The report and recommendation, ECF No. 8 , is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's amended complaint, ECF No. 5 , is DISMISSED without prejudice as a shotgun pleading and for failure to comply with Court Orders". The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/3/2023. (rcb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
CANDICE MILLER,
Plaintiff,
v.

Case No.: 4:23cv356-MW/MAF

WARDEN GABBY, et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 8. The Magistrate Judge recommends dismissal for
Plaintiff’s failure to comply with Court Orders to file a proper IFP motion or pay the
filing fee and to dismiss the amended complaint as a shotgun pleading. However,
Plaintiff has since filed a motion to proceed in forma pauperis, see ECF No. 9, but
the Magistrate Judge dismissed this motion without prejudice because the motion
was incomplete. See ECF No. 10. Accordingly, upon consideration, no objections
having been filed by the parties,
IT IS ORDERED:
The report and recommendation, ECF No. 8, is accepted and adopted as this
Court’s opinion. The Clerk shall enter judgment stating, “Plaintiff’s amended

complaint, ECF No. 5, is DISMISSED without prejudice as a shotgun pleading
and for failure to comply with Court Orders.” The Clerk shall close the file.
SO ORDERED on November 3, 2023.
s/Mark E. Walker
____
Chief United States District Judge

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