Opinion
8:21-cv-1443-CEH-JSS
07-20-2021
ORDER
Charlene Edwards Honeywell, United States District Judge.
This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Julie S. Sneed on July 2, 2021 (Doc. 5). In the Report and Recommendation, Magistrate Judge Sneed recommends that:
1. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Dkt. 2) be DENIED without prejudice; and
2. Plaintiff's Complaint (Dkt. 1) be DISMISSED without prejudice and with leave to file an amended complaint that complies with the Federal Rules of Civil Procedure. The Magistrate Judge further recommends that the amended complaint, if any, be due within twenty (20) days of the date the Report and Recommendation becomes final.
Plaintiff was furnished a copy of the Report and Recommendation and was afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED:
(1) The Report and Recommendation of the Magistrate Judge (Doc. 5) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review.
(2) Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Dkt. 2) is DENIED without prejudice.
(3) Plaintiffs Complaint (Dkt. 1) is DISMISSED without prejudice.
(4) Plaintiff is granted leave to file an amended complaint that complies with the Federal Rules of Civil Procedure within twenty (20) days of the date of this Order. Failure to file an amended complaint within this time frame will result in this matter being dismissed without further notice from the Court.
DONE AND ORDERED.