Opinion
Case No: 5:18-cv-259-Oc-30PRL
08-23-2018
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