Davis v. Pasco County State Attorney Office

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MATTHEW AARON DAVIS,

Plaintiff,

v. Case No. 8:24-cv-02907-KKM-NHA

STATE OF FLORIDA,

Defendant.

ORDER e United States Magistrate Judge recommends denying the plaintiffs’ motion to proceed and dismissing his fourth amended complaint, both without prejudice. (Doc. 13). e deadline to object to the Magistrate Judge’s Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation. After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and

Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. , 952 F.2d 1567,

1576 (11th Cir. 1992). e district court reviews legal conclusions de novo, even in the absence of an objection. , 37 F.3d 603, 604

(11th Cir. 1994) (per curiam); , 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).

In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation. I also direct the Clerk to strike the plaintiff’s Fifth Amended Complaint, (Doc. 14), because it does not

comply with Federal Rule of Civil Procedure 15(a). Accordingly, it is ORDERED:

1. e Magistrate Judge’s Report and Recommendation (Doc. 13) is ADOPTED and made a part of this Order for all purposes.

2. e plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 11) is DENIED without prejudice and his Fourth Amended Complaint (Doc. 10) is DISMISSED without prejudice. No later than May 2,

2025, the plaintiff must move to proceed or pay the filing fee, and file an amended complaint. If he fails to do so or files

another deficient complaint, his action will be dismissed with prejudice. 3. The Clerk is directed to STRIKE the plaintiffs Fifth Amended

Complaint (Doc. 14) from the docket.

ORDERED in Tampa, Florida, on April 2, 2025.

pate oe Mizelle United States District Judge