Bey v. Tampa Bay Downs

Middle District of Florida, flmd-8:2016-cv-01038

ORDER adopting {{6}} REPORT AND RECOMMENDATIONS, denying {{5}} MOTION for leave to proceed in forma pauperis filed by Brother Sundiata Shu El Bey. The Complaint is DISMISSED without prejudice. Signed by Judge James D. Whittemore on 7/7/2016. (AO)

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Pageld 44 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION BROTHER SUNDIATA SHU EL BEY, Plaintiff, Case No: 8: 16 - cv - 1038 - T - 27TGW TAMPA BAY DOWNS, Defendant. ORDER BEFORE THE COURT is the Report and Recommendation of the Magistrate Judge BHI recommending that Plaintiff's request for leave to proceed in forma pauperis (Dkt. 5) be denied recomm (Dkt. 6) and that Plaintiff's Complaint be dismissed, but allow Plaintiff to file, within thirty days, an amended complaint and a supplement explaining his purported inability to pay the filing fee. Plaintiff has not filed objections and the time in which to do so has passed, Upon consideration, the Report and Recommendation is adopted as the opinion of the Court, Plaintiff's request to proceed in forma pauperis is denied, and Plaintiff's Complaint is dismissed. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28U.S. C. $ 636 (b) (1) . In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636 (b) (1) (C); Garvey v. Vaughn, 993 F. 2d 776, 779 n. 9 (11th Cir. 1993) . Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 Fed. App ' x. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F. 2d 347, 348 (11th Cir. 1982)); Cooper - Houston v. S. Ry. Co ., 37 F. 3d 603, 604 (11th Cir. 1994) . Pageld 45 Accordingly, The Report and Recommendation (Dkt. 6) is APPROVED and ADOPTED as the opinion of the Court for all purposes, including for appellate review. Plaintiff's request to proceed in forma pauperis (Dkt. 5) is DENIED and his Complaint (Dkt. 1) is DISMISSED without prejudice. Plaintiff may file an amended complaint within thirty (30) days, which must be accompanied by either an amended motion to proceed in forma pauperis or the filing fee. ' Failure to file an amended complaint will result in this case being dismissed without further notice. DONE AND ORDERED this day of July, 2015. JAMES D. WHITTEMORE United States District Judge Copies to: pro se plaintiff Counsel of Record As the Magistrate Judge found, Plaintiff has failed to show he is unable to pay the filing fee.