Opinion
Case No. 3:10-cv-398-J-32TEM.
December 17, 2010
ORDER
This case is before the Court on plaintiff's Motion to proceed in forma pauperis (Doc. 2). The assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 5), recommending that plaintiff's Motion to proceed in forma pauperis (Doc. 2) be denied, that plaintiff's complaint be dismissed without prejudice, and plaintiff be afforded thirty (30) days within which to file an amended complaint. No objections were filed and the time in which to do so has now passed.
Accordingly, upon independent review of the file, and for the reasons stated in the Report and Recommendation issued by the Magistrate Judge (Doc. 5), it is hereby
ORDERED:
1. The Report and Recommendation (Doc. 5) of the Magistrate Judge is ADOPTED, to the extent that plaintiff's Motion to proceed in forma pauperis (Doc. 2) is DENIED.
2. This case will be deemed to be dismissed without prejudice effective January 18, 2011, unless plaintiff pays the filing fee by January 18, 2011 to maintain the prosecution of this suit. If plaintiff elects to pay the filing fee, he must also file an amended complaint that provides a basis for the Court to exercise jurisdiction.
3. The Clerk shall close the file now, subject to reopening if the plaintiff pays the filing fee by the January 18, 2011 deadline.
DONE AND ORDERED at Jacksonville, Florida this 17th day of December, 2010.