Summary
noting court may consider records outside the pleadings when determining whether a complaint under §1915 should be dismissed as frivolous
Summary of this case from Dicks-Lewis v. 5th Judicial Circuit CourtOpinion
Case No. 6:08-cv-1748-Orl-31KRS.
December 2, 2008
ORDER
This cause comes before the Court on a Motion for Leave to Proceed in Forma Pauperis (Doc. No. 2) filed October 9, 2008.
On November 10, 2008, the United States Magistrate Judge issued a report (Doc. No. 7) recommending that the motion be denied. No objections have been filed. Therefore, it is ORDERED as follows:
1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. The Motion for Leave to Proceed in Forma Pauperis is DENIED without prejudice.
3. The Complaint is DISMISSED without prejudice. The Plaintiff shall have 11 days from the date of this order to file an amended complaint regarding solely the May 6, 2006 complaint that he allegedly mailed to the Hillsborough County Clerk of Court. Any such amended complaint shall be accompanied by either the filing fee or an amended application for pauper status.
4. Upon receipt of an amended complaint, the Clerk is directed to transfer this case to the United States District Court, Tampa Division.
DONE and ORDERED in Chambers, Orlando, Florida.