DAVIS
v.
PASCO COUNTY STATE ATTORNEY OFFICE
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The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the fourth amended complaint without prejudice.
The plaintiff filed a fourth amended complaint and a motion to proceed in forma pauperis. The Magistrate Judge recommended denying the motion and dism…
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The United States Magistrate Judge recommends denying the plaintiffs' motion to proceed in forma pauperis and dismissing his fourth amended complaint, both without prejudice. (Doc. 13). The deadline to object to the Magistrate Judge's Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation.
After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994) (per curiam); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation. I also direct the Clerk to strike the plaintiff's Fifth Amended Complaint, (Doc. 14), because it does not comply with Federal Rule of Civil Procedure 15(a).
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 13) is ADOPTED and made a part of this Order for all purposes.
2. The plaintiff's Motion to Proceed In Forma Pauperis (Doc. 11) is DENIED without prejudice and his Fourth Amended Complaint (Doc. 10) is DISMISSED without prejudice. No later than May 2, 2025, the plaintiff must move to proceed in forma pauperis or pay the filing fee, and file an amended complaint. If he fails to do so or files another deficient complaint, his action will be dismissed with prejudice.
3. The Clerk is directed to STRIKE the plaintiff's Fifth Amended Complaint (Doc. 14) from the docket.
ORDERED in Tampa, Florida, on April 2, 2025.
Kathryn Kimball Mizelle United States District Judge
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Durham Eldon Stokes v. Singletary, 952 F.2d 1567 (11th Cir. 1992)
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