UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

DAVID BURNS,

Plaintiff,

v. Case No. 6:20-cv-1968-Orl-37GJK

EXTRA SPACE STORAGE, INC.; and ANGELA LOPEZ,

Defendants. _____________________________________

ORDER Plaintiff, proceeding pro se, initiated this action on October 23, 2020 (Doc. 1) and moved to proceed in forma pauperis (Doc. 2 (“IFP Motion”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends denying the IFP Motion and dismissing the action, with leave to amend, for failure to sufficiently allege subject matter jurisdiction. (Doc. 3 (“R&R”).) No party objected to the R&R, and the time for doing so has now passed. Absent objection, 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,

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

(11th Cir. 2006). Finding no such error, the Court adopts the R&R in its entirety. It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’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. 3. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. 4. By Monday, November 30, 2020, Plaintiff may file an amended complaint and a renewed motion to proceed in forma pauperis. Failure to timely file will result in closure of this action without further notice. DONE AND ORDERED in Chambers in Orlando, Florida, on November 13, 2020.

wy. <a ROY B. DALTON JR: United States District Judge

Copies to: Pro Se Party