Layne v. Collins

Full title: JOHN BRADY LAYNE, Plaintiff, v. MICHAEL SCOTT COLLINS, Defendant

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

Date published: Dec 14, 2010

Case No. 8:10-CV-2416-T-27AEP (M.D. Fla. Dec. 14, 2010)

Opinion

Case No. 8:10-CV-2416-T-27AEP.

December 14, 2010

ORDER

JAMES WHITTEMORE, District Judge

BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge (Dkt. 3) recommending that Plaintiff's Complaint (Dkt. 1) be dismissed and Plaintiff's Application to Proceed in forma pauperis (Dkt. 2) be denied without prejudice. Plaintiff filed no objections to the Report and Recommendation.

After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved.

1) The report (Dkt. 3) is adopted, confirmed, and approved and is made a part of this order for all purposes, including appellate review.

2) Plaintiff's Complaint (Dkt. 1) is DISMISSED for lack of subject matter jurisdiction.

3) Plaintiff's Application to Proceed in forma pauperis (Dkt. 2) is DENIED.

4) The Clerk is directed to close the file.

DONE AND ORDERED in chambers this 10^th day of December, 2010.