Austin v. Florida Department of Children Families

Full title: WAYNE AUSTIN, Plaintiff, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES…

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Nov 16, 2009

CASE NO. 3:09-cv-907-J-25MCR (M.D. Fla. Nov. 16, 2009)

Opinion

CASE NO. 3:09-cv-907-J-25MCR.

November 16, 2009

ORDER

HENRY ADAMS JR., District Judge

Before the Court is the Magistrate Judge's Report and Recommendation (Dkt. 10) recommending that Plaintiff's construed Motion to Proceed In Forma Pauperis (Dkt. 2) be denied and the pro se Second Amended Complaint (Dkt. 7) be dismissed without prejudice to Plaintiff filing a paid complaint. Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections. On October 21, 2009, Plaintiff filed a Supplement to the Second Amended Complaint (Dkt. 12), which the Court construes as Plaintiffs objections to the Report and Recommendation.

Upon consideration of the Report and Recommendation of the Magistrate Judge, Plaintiff's construed objections thereto, and upon this Court's review of the record, the Court finds that the Report and Recommendation should be adopted. Accordingly, it is,

ORDERED AND ADJUDGED that:

1. The Magistrate Judge's Report and Recommendation (Dkt. 10) is adopted and incorporated by reference in this Order.

2. The construed Motion to Proceed In Forma Pauperis (Dkt. 2) is DENIED.

3. This action is DISMISSED without prejudice to refile the complaint accompanied with the filing fee.

4. The Clerk is directed to close this case.

DONE AND ORDERED at Jacksonville, Florida.