Anderson v. Atherton

Full title: TONI ANDERSON, Plaintiff, v. MICHAEL D. ATHERTON, Defendant

Court: United States District Court, M.D. Florida, Ft. Myers Division

Date published: Dec 17, 2010

CASE NO. 2:10-Cv-629-FtM-36DNF (M.D. Fla. Dec. 17, 2010)

Opinion

CASE NO. 2:10-Cv-629-FtM-36DNF.

December 17, 2010

ORDER

CHARLENE HONEYWELL, District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas N. Frazier on November 29, 2010 (Dkt. 6), recommending that the Court deny Plaintiff's Motion for Leave to Proceed In Forma Pauperis ¹ and dismiss the action. Plaintiff did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired.

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

After carefully considering Plaintiff's Complaint (Dkt. 1), Plaintiff's Affidavit to Proceed In Forma Pauperis (Dkt. 2), and the Magistrate's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that the Magistrate'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. 6) 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 December 17 2010.