Sanchez v. Orlando Police Department

United States District Court for the Middle District of Florida

Sanchez v. Orlando Police Department

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JAMIE RAUL SANCHEZ,

Plaintiff,

v. Case No. 6:20-cv-285-Orl-37LRH

ORLANDO POLICE DEPARTMENT; and ORANGE COUNTY PUBLIC LIBRARY,

Defendants. _____________________________________

ORDER Plaintiff, proceeding pro se, sued Defendants under

42 U.S.C. § 1983

for violations of his First and Fourteenth Amendment rights under the U.S. Constitution. (Doc. 1 (“Complaint”).) With the Complaint, Plaintiff moved to proceed in forma pauperis. (Doc. 2 (“IFP Motion”).) On referral, U.S. Magistrate Judge Leslie R. Hoffman recommends denying the IFP Motion, dismissing the Complaint for failure to adequately state a claim, and permitting Plaintiff to file an amended complaint and renewed motion to proceed in forma pauperis. (Doc. 3 (“R&R”).) Plaintiff did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

2016 WL 355490

, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety.! Accordingly, it is ORDERED AND ADJUDGED: 1. US. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 3) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) is DENIED WITHOUT PREJUDICE. 3. Plaintiff's Complaint for Violation of Civil Rights (Doc. 1) is DISMISSED WITHOUT PREJUDICE. 4, On or before Monday, March 23, 2020, Plaintiff may file an amended complaint correcting the deficiencies identified in the R&R (Doc. 3) and a renewed motion to proceed in forma pauperis. Failure to timely file may result in closure of this action without further notice DONE AND ORDERED in Chambers in Orlando, Florida, on March 10, 2020.

fi}

we ROY B. DALTON JR: United States District Judge

1 The R&R advises Plaintiff on what he must allege in his amended complaint and directs Plaintiff to the Court’s website for information and resources for parties proceeding without a lawyer. (Doc. 3, p. 5.) Plaintiff is further advised that he should also take advantage of the in-person legal information program, which is provided free of charge and administered every Tuesday from 11:00 a.m. to 12:30 p.m. at the George C. Young U.S. Courthouse, 401 W. Central Blvd., Orlando, Florida 32801. Contact information is on the Court’s website. -2-

Copies to: Pro Se Party

Reference

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