NORMAN
v.
AMAZON PAYMENT INC.
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The District Court for the Middle District of Florida adopted a magistrate judge's report and recommendation, denying without prejudice plaintiff Norman's motion to proceed in forma pauperis and dismissing the complaint against Amazon Payment Inc. and Amazon.com Inc. with leave to amend. The court gave plaintiff until April 25, 2024 to file an amended complaint curing identified deficiencies.
The court adopted the magistrate judge's report and recommendation, denying without prejudice plaintiff's motion to proceed in forma pauperis and dismissing the complaint without prejudice with leave to amend. Plaintiff was ordered to file an amended complaint by April 25, 2024, curing the deficiencies identified in the report and recommendation.
“After careful consideration of the record, including Judge Sansone's well-reasoned report and recommendation, the Court adopts the report and recommendation.”
Establishes that the district court adopted the magistrate judge's findings without identifying clear error.
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Join FLexlaw to unlock all legal intelligencePlaintiff Norman filed a complaint against Amazon Payment Inc. and Amazon.com Inc. in the District Court for the Middle District of Florida. Plaintiff…
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This matter is before the Court on the report and recommendation of Sean P. Flynn, United States Magistrate Judge. (Doc. 9). Judge Flynn recommends the Court deny without prejudice Plaintiffs motion to proceed in forma pauperis (Doc. 2) and dismiss the complaint (Doc. 1), with leave to amend. No objection to the report and recommendation has been filed, and the time to object has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.”28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
After careful consideration of the record, including Judge Sansone's wellreasoned report and recommendation, the Court adopts the report and recommendation. Consequently, the Commissioner's decision is affirmed.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1. Judge Flynn's report and recommendation (Doc. 9) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED
WITHOUT PREJUDICE.
3. The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE, with leave to amend. On or before April 25, 2024, Plaintiff is directed to file an amended complaint to cure the deficiencies identified in the report and recommendation, along with a renewed motion to proceed in forma pauperis. Failure to file an amended complaint as directed will result in this Order becoming a final judgment.
DONE and ORDERED in Chambers, in Tampa, Florida, this 4th day of April, 2024
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)