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Honaker v. Butler

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
Aug 23, 2018
Case No: 5:18-cv-259-Oc-30PRL (M.D. Fla. Aug. 23, 2018)

Opinion

Case No: 5:18-cv-259-Oc-30PRL

08-23-2018

DAVID HONAKER, Plaintiff, v. ELIZABETH BUTLER and SUMTER COUNTY SHERIFFS OFFICE Defendants.


REPORT & RECOMMENDATION

Within 14 days after being served with a copy of the recommended disposition, a party may file written objections to the Report and Recommendation's factual findings and legal conclusions. See Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(B); Local Rule 6.02. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. --------

Pro se Plaintiff has filed a motion to proceed in forma pauperis (Doc. 2). By prior order, the Court conducted a frivolity review of the Complaint pursuant to 28 U.S.C. § 1915(e)(2) and noted that Plaintiff's complaint failed to state a claim on which relief could be granted. (Doc. 4). The deficiencies of Plaintiff's complaint are outlined in the Court's prior order. (Doc. 4). Plaintiff was granted until August 17, 2018 to file an amended complaint or pay the appropriate filing fee.

Plaintiff has failed to file an amended complaint or pay the fee, and the time for doing so has expired. Accordingly, it is recommended that Plaintiff's motion to proceed in forma pauperis (Doc. 2) be denied for the reasons previously stated (Doc. 4), and this case be dismissed without prejudice.

Recommended in Ocala, Florida on August 23, 2018.

/s/_________

PHILIP R. LAMMENS

United States Magistrate Judge Copies furnished to: Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy


Summaries of

Honaker v. Butler

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
Aug 23, 2018
Case No: 5:18-cv-259-Oc-30PRL (M.D. Fla. Aug. 23, 2018)
Case details for

Honaker v. Butler

Case Details

Full title:DAVID HONAKER, Plaintiff, v. ELIZABETH BUTLER and SUMTER COUNTY SHERIFFS…

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

Date published: Aug 23, 2018

Citations

Case No: 5:18-cv-259-Oc-30PRL (M.D. Fla. Aug. 23, 2018)