Opinion
Case No. 6:17-cv-1971-Orl-37GJK
04-24-2018
JOHNNIE B. DENNIS, Plaintiff, v. BREVARD COUNTY; and BREVARD COUNTY COMMISSIONERS, Defendants.
Copies to: Counsel of Record Pro Se Party
ORDER
This cause is before the Court on the following matters: (1) Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 9); (2) a Report and Recommendation (Doc. 16); and (3) Plaintiff's Objection (Doc. 17).
BACKGROUND
Pro Se Plaintiff Johnnie B. Dennis ("Plaintiff") first initiated this civil rights action on November 16, 2017, by filing his initial Complaint and a Motion for Leave to Proceed In Forma Pauperis ("First IFP Motion"). (Docs. 1, 2.) After the Court denied the insufficiently supported First IFP Motion (Doc. 7), Plaintiff filed another Motion for Leave to Proceed In Forma Pauperis (Doc. 9 ("Second IFP Motion")). One month later, on February 23, 2018, Plaintiff filed an Amended Complaint (Doc. 13). Subsequently, the action was transferred to the Undersigned (Doc. 14), and on March 23, 2018, United States Magistrate Judge Gregory J. Kelly ("Judge Kelly") issued a Report and Recommendation concerning disposition of the Second IFP Motion ("Report"). (Doc. 16.) Plaintiff objected (Doc. 17 ("Objection")), and the matter is now ripe for adjudication.
DISCUSSION
In accordance with 28 U.S.C. § 636, a district judge may refer matters to a magistrate judge for issuance of a report and recommendation. When a party files objections in accordance with Federal Rule of Civil Procedure 72(b)(2), the district judge must make a de novo determination of the portions of the report and recommendation to which an objection is made. Ultimately, the district judge may "accept, reject, or modify the recommended disposition." See Fed. R. Civ. P. 72(b)(3).
Faced with a conclusory and confusing handwritten pro se pleading, Judge Kelly provided a thoughtful and thorough examination of Plaintiff's asserted claims. (See Doc. 16.) Applying the correct legal standards and favoring Plaintiff with every possible positive inference, Judge Kelly concluded that the Court should deny the Second IFP Motion, dismiss the Amended Complaint, and permit repleader. (Doc. 16.) The Objection does not provide a coherent challenge to Judge Kelly's careful and fair analysis; instead, Plaintiff accuses Judge Kelly of being "deplorable" and "using Jim Crow laws." (Doc. 17.) The Court rejects Plaintiff's meritless Objection and finds that the Report is due to be accepted.
CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED that:
1. Plaintiff's Objection (Doc. 17) is REJECTED.
2. The Report and Recommendation (Doc. 16) is ADOPTED, CONFIRMED, and made part of this Order.
3. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 9) is DENIED.
4. The Amended Complaint (Doc. 13) is DISMISSED WITHOUT PREJUDICE.
5. On or before May 9, 2018, Plaintiff may file a Second Amended Complaint in accordance with this Order and Judge Kelly's Report and Recommendation (Doc. 16).
6. Absent timely compliance with the Court's Orders and diligent prosecution of this action, the Court will direct the Clerk to close this file without further notice.
DONE AND ORDERED in Orlando, Florida, this 24th day of April, 2018.
/s/_________
ROY B. DALTON JR.
United States District Judge Copies to: Counsel of Record
Pro Se Party