Hook v. Nelson et al

Middle District of Florida, flmd-8:2017-cv-01097

ORDER: (1) The Report and Recommendation of the Magistrate Judge {{6}} 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 Complaint {{1}} is DISM ISSED. Plaintiff is granted leave to file an amended complaint that complies with the Federal Rules of Civil Procedure within thirty (30) days from the date of this Order. Failure to file an amended complaint within this time period will result in this case being dismissed without further notice from the Court. (3) The Court will defer a ruling on Plaintiff's Motion to Proceed In Forma Pauperis {{2}}, pending Plaintiff's filing of an amended complaint. Signed by Judge Charlene Edwards Honeywell on 9/6/2017. (BGS)

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PageID 55 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THOMAS MANNING HOOK, Plaintiff, v. Case No: 8:17-cv-1097-T-36TGW DEREK A. NELSON, RON CARPENTER and JERRY HILL, Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Thomas G. Wilson on August 8, 2017 (Doc. 6). In the Report and Recommendation, Magistrate Judge Wilson recommends that the complaint (Doc. 1) be dismissed, and the Motion to Proceed In Forma Pauperis (Doc. 2) be deferred pending an opportunity for the plaintiff to file, within thirty days, 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. 6) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. PageID 56 (2) Plaintiff's Complaint (Doc. 1) is DISMISSED. Plaintiff is granted leave to file an amended complaint that complies with the Federal Rules of Civil Procedure within thirty (30) days from the date of this Order. Failure to file an amended complaint within this time period will result in this case being dismissed without further notice from the Court. (3) The Court will defer a ruling on Plaintiff's Motion to Proceed In Forma Pauperis (Doc. 2), pending Plaintiff's filing of an amended complaint. DONE AND ORDERED at Tampa, Florida on September 6, 2017. Copies to: The Honorable Thomas G. Wilson Counsel of Record 2