Lay v. Lay

Full title: TOMMY DEWAYNE LAY, Plaintiff, v. LORI M. LAY (MCCONKEY), Defendant

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

Date published: Oct 17, 2011

Case No. 6:11-cv-1544-Orl-28DAB (M.D. Fla. Oct. 17, 2011)

Opinion

Case No. 6:11-cv-1544-Orl-28DAB.

October 17, 2011

ORDER

JOHN ANTOON II, District Judge

This case is before the Court on Plaintiff's Motion to Appear In Forma Pauperis (Doc. No. 2) filed September 21, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be denied and the Complaint dismissed.

After an independent de novo review of the record in this matter, and consideration of the Objection filed by Plaintiff (Doc. No. 4) to the Report and Recommendation, ¹ the Objection is overruled. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1 The Court notes the Objection was untimely filed. See Report and Recommendation and Fed.R.Civ.P. 6(d).

1. That the Report and Recommendation filed September 23, 2011 (Doc. No. 3) is ADOPTED and CONFIRMED and made a part of this Order.

2. Plaintiff's Motion to Appear In Forma Pauperis (Doc. No. 2) is DENIED.

3. The Complaint is dismissed.

4. The Clerk of the Court is directed to close this file. DONE and ORDERED in Chambers, Orlando, Florida