Opinion
Case No. 6:06-cv-1540-Orl-28KRS.
December 6, 2006
ORDER
This case is before the Court on Plaintiff's Application To Proceed Without Prepayment of Fees (Doc. No. 6) filed October 23, 2006. The United States Magistrate Judge has submitted a report recommending that the motion be denied without prejudice and that the amended complaint filed in this matter be dismissed without prejudice.
After an independent de novo review of the record in this matter, and considering the objection filed by Plaintiff (Doc. No. 10), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
The Court deems Plaintiff's "Motion For Reconsideration Of Judgment Or Order Under Rule 60 Fed.R.Civ.Proc." (Doc. 10) as an objection to the Report and Recommendation. Accordingly, the "Motion" is DENIED as moot.
1. That the Report and Recommendation filed November 14, 2006 (Doc. No. 9) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's motion to proceed in forma pauperis (Doc. No. 6) is DENIED without prejudice.
3. The amended complaint (Doc. No. 2) is DISMISSED without prejudice.
4. Plaintiff shall have eleven (11) days from the date of this Order to file a second amended complaint and a renewed motion to proceed without payment of fees.
DONE and ORDERED in Chambers, Orlando, Florida.