Opinion
6:23-cv-1866-WWB-LHP
03-05-2024
ORDER
WENDY W. BERGER JUDGE
THIS CAUSE is before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (“Motion to Proceed,” Doc. 2). United States Magistrate Judge Leslie Hoffman Price issued a Report and Recommendation (Doc. 5) in which she recommends that the Motion be denied without prejudice and the Complaint (Doc. 1) be dismissed with leave to amend.
After an independent de novo review of the record, and noting that no objections were timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 5) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Motion to Proceed (Doc. 2) is DENIED without prejudice.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. On or before March 26, 2024, Plaintiff may file an amended pleading and a renewed application to proceed in forma pauperis in accordance with the Report and Recommendation and this Order. Failure to timely file both may result in the dismissal of this case without further notice.
DONE AND ORDERED.