Opinion
6:24-cv-1662-CEM-DCI
10-21-2024
ANDREW JAMES ENSOR, Plaintiff, v. FITNESS INTERNATIONAL, LLC, ROBERT WILSON, and DOUG KIM, Defendants.
ORDER
CARLOS E. MENDOZA, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, construed as a Motion to Proceed In Forma Pauperis (“Motion,” Doc. 2). The United States Magistrate Judge issued a Report and Recommendation (Doc. 5), recommending that the Motion be denied. (Id. at 6).
After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that no objections were timely filed, the Magistrate Judge's recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 5) is ADOPTED and made a part of this Order.
2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) is DENIED.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. On or before November 7, 2024, Plaintiff may file an Amended Complaint that addresses the pleading deficiencies outlined in the Report and Recommendation. Failure to timely do so will result in this case being closed without further notice.
5. Also on or before November 7, 2024, Plaintiff may file a Renewed Motion to Proceed In Forma Pauperis.
DONE and ORDERED in Orlando, Florida on October 21, 2024.