Ortiz v. All State

Full title: MARCO VINICIO ORTIZ, Plaintiff, v. ALL STATE, Defendant

Court: United States District Court, M.D. Florida, Ft. Myers Division

Date published: Jun 23, 2010

CASE NO. 2:10-CV-280-FtM-36DNF (M.D. Fla. Jun. 23, 2010)

Opinion

CASE NO. 2:10-CV-280-FtM-36DNF.

June 23, 2010

ORDER

CHARLENE HONEYWELL, District Judge

This cause comes before the Court upon the Report and Recommendation filed by United States Magistrate Judge Douglas N. Frazier on June 8, 2010 (Doc. 9). In his Report and Recommendation, Magistrate Judge Frazier recommended that the Court deny Plaintiff's Motions for Leave to Proceed In Forma Pauperis and dismiss this action. Plaintiff did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired.

After carefully considering Plaintiff's Complaint (Doc. 1), Plaintiff's Affidavits to Proceed In Forma Pauperis (Doc. 2, 8), and Magistrate Judge Frazier's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Frazier's Report and Recommendation should be confirmed and accepted.

ACCORDINGLY, it is now ORDERED AND ADJUDGED as follows:

1. The Report and Recommendation of the Magistrate Judge (Doc. 9) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.

2. Plaintiff's Motions to Proceed In Forma Pauperis (Docs. 2 and 8) are DENIED.

3. This action is DISMISSED without prejudice. The Clerk is directed to terminate all pending motions, enter judgment accordingly and close the file.

DONE AND ORDERED at Ft. Myers, Florida.