Davis v. Holt et al

Middle District of Florida, flmd-8:2017-cv-01463

ORDER adopting {{4}} Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including app ellate review. (2) Plaintiff's Motion for Leave to Proceed In Forma Pauperis {{2}} is DENIED. (3) Plaintiff's Complaint {{1}} is DISMISSED, as it fails to state a claim and amendment would be futile. (4) The Clerk is directed to terminate all pending motions and close this file. Signed by Judge Charlene Edwards Honeywell on 7/13/2017. (BGS)

Interested in this case?

Current View

Full Text

PageID 25 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION GRADY DAVIS, JR., Plaintiff, v. Case No: 8:17-cv-1463-T-36MAP JULIANNE M. HOLT and LINDA SHALJANI, Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Mark A. Pizzo on June 26, 2017 (Doc. 4). In the Report and Recommendation, Magistrate Judge Pizzo recommends that Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) be DENIED and that Plaintiff's Complaint (Doc. 1) be dismissed. 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. 4) 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. PageID 26 (3) Plaintiff's Complaint (Doc. 1) is DISMISSED, as it fails to state a claim and amendment would be futile. (4) The Clerk is directed to terminate all pending motions and close this file. DONE AND ORDERED at Tampa, Florida on July 13, 2017. Copies to: The Honorable Mark A. Pizzo Counsel of Record 2