Newcome v. Burbine

Full title: WESLEY U. NEWCOME, Plaintiff, v. NORMAN BURBINE, et al., Defendants

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

Date published: Jul 5, 2011

CASE NO. 8:11-CV-1167-T-17EAJ (M.D. Fla. Jul. 5, 2011)

Opinion

CASE NO. 8:11-CV-1167-T-17EAJ.

July 5, 2011

ORDER

ELIZABETH KOVACHEVICH, District Judge

This cause is before the Court on:

Dkt. 6 Report and Recommendation

Dkt. 7 Motion for Extension of Time

A Report and Recommendation has been entered by the assigned Magistrate Judge, in which it is recommended that Plaintiff's Affidavit of Indigency, construed as a motion to proceed in forma pauperis be denied without prejudice, Plaintiff Newcome be granted additional time to file an amended complaint, and Plaintiff's failure to timely file an amended complaint results in the dismissal of this case. Plaintiff Newcome moves for leave of Court to file an amended complaint within thirty days.

The Court has independently reviewed the pleadings. No objection to the Report and Recommendation has been filed. After consideration, the Court adopts the Report and Recommendation. Accordingly, it is

ORDERED that the Report and Recommendation is adopted and is incorporated by reference. The Motion to Proceed IFP is denied without prejudice. Plaintiff's Motion for Extension of Time is granted, and Plaintiff Newcome shall file an amended complaint within thirty days of the date of this Order. Failure to file an amended complaint within that time will result in the dismissal of this case.

DONE and ORDERED in Chambers, at Tampa.