Taylor v. Hilden

2:10-cv-00221 | M.D. Fla. | Jun 30, 2010

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION CLEON KEVIN TAYLOR a/k/a Ricardo O. Riley, Plaintiff, v. CASE NO. 2:10-CV-221-FtM-36SPC OFFICER HILDEN, Punta Gorda Police and CITY OF PUNTA GORDA POLICE DEPARTMENT,

Defendants. / ORDER THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri P. Chappell on June 15, 2010 (Dkt. 7), recommending that the [1] Court deny Plaintiff's Motion for Leave to Proceed In Forma Pauperis and dismiss the action for Plaintiff’s failure to inform the Court of a change of address and failure to file a complete application to proceed In Forma Pauperis. Plaintiff did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired.

After carefully considering Plaintiff’s Complaint (Dkt. 1), Plaintiff's Affidavit to Proceed In Forma Pauperis (Dkt. 2), the Court’s Show Cause Order (Dkt. 6) and Magistrate Judge Chappell’s Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Chappell’s Report and Recommendation should be confirmed and accepted.

ACCORDINGLY , it is now ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation of the Magistrate Judge (Dkt. 7) 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 to Proceed In Forma Pauperis (Dkt. 2) is DENIED . 3. This action is DISMISSED without prejudice. The Clerk is directed to terminate

all pending motions, enter judgment accordingly and close the file. DONE AND ORDERED at Ft. Myers, Florida, on June 30, 2010. COPIES TO : Magistrate Judge Sheri P. Chappell Counsel of Record and Unrepresented Party

- 2 -

NOTES

[1] Plaintiff submitted an Affidavit of Indigency (Dkt. 2), which was construed as a Motion for Leave to Proceed In Forma Pauperis.