Cummings v. U.S.

Full title: STEVE CUMMINGS, Plaintiff, v. UNITED STATES OF AMERICA, ET AL., Defendants

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

Date published: Jul 24, 2007

Case No. 6:07-cv-1029-Orl-22UAM (M.D. Fla. Jul. 24, 2007)

Opinion

Case No. 6:07-cv-1029-Orl-22UAM.

July 24, 2007

ORDER

ANNE CONWAY, District Judge

This cause is before the Court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. No. 5), filed on June 20, 2007, and Plaintiff's Amended Motion for Leave to Proceed In Forma Pauperis (Doc. No. 7), filed on June 28, 2007. The United States Magistrate Judge has submitted a report recommending that both Motions be denied and the complaint be dismissed as frivolous.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed July 6, 2007 (Doc. No. 8) is ADOPTED and CONFIRMED and made a part of this Order.

2. The Motion to Proceed In Forma Pauperis (Doc. No. 5) is DENIED as moot, in light of the filing of the amended motion.

3. The Amended Motion for Leave to Proceed In Forma Pauperis (Doc. No. 7) is DENIED as the complaint is frivolous and fails to state a claim.

4. This case is hereby DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2).

5. The Clerk is directed to CLOSE the file.

DONE and ORDERED in Chambers, in Orlando, Florida.