Greenberg v. Properties

Full title: LEONARD GREENBERG, Plaintiff, v. McKINLEY PROPERTIES, T.J. JENKINS…

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

Date published: Apr 19, 2010

Case No. 6:10-cv-341-Orl-31KRS (M.D. Fla. Apr. 19, 2010)

Opinion

Case No. 6:10-cv-341-Orl-31KRS.

April 19, 2010

ORDER

GREGORY PRESNELL, District Judge

This matter came before the Court without oral argument and upon consideration of pro se Plaintiff's, Leonard Greenberg ("Plaintiff"), Application to Proceed Without Prepayment of Fees and Affidavit (the "Motion") (Doc. 9), and the Report and Recommendation (Doc. 12) prepared by United States Magistrate Judge Karla R. Spaulding. Neither party has objected to the Report and Recommendation and the time for doing so has now passed. Upon careful review, it is

ORDERED and ADJUDGED that:

1. The Report and Recommendation (Doc. 9). is CONFIRMED and ADOPTED as a part of this Order.

2. Plaintiff's Motion (Doc. 9) is DENIED without prejudice.

3. The Amended Complaint (Doc. 8) is hereby DISMISSED without prejudice.

4. Plaintiff shall file a second amended complaint and renewed motion to proceed in forma pauperis by no later than Monday, May 10, 2010; and

5. If Plaintiff files to timely file his second amended complaint by Monday, May 10, 2010, the Clerk of the Court is directed to close the file.

DONE and ORDERED in Chambers, Orlando, Florida.