Latimer v. Regency Palms Apartment

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

CALVIN LATIMER,

Plaintiff, v. CASE NO. 8:21-cv-1200-WFJ-CPT REGENCY PALMS APARTMENT and JOHN E. MCMILLAN,

Defendants. ___________________________/

ORDER

Before the Court is Plaintiff’s construed motion to proceed in forma pauperis (Dkt. 2) and Plaintiff’s construed motion to appoint counsel (Dkt. 3). The magistrate judge issued a thorough and well-reasoned report recommending in forma pauperis status and appointment of counsel be denied without prejudice (Dkt. 6). The time for filing objections has passed.

The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). The magistrate judge found the Plaintiff fails to support his assertion of indigency and the complaint falls short of basic pleading requirements of placing the Defendants on notice of the claims alleged against them. Dkt. 6. The magistrate judge further found Plaintiff fails to show the extreme or exceptional circumstances warranting appointment of counsel. For all the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court rules as follows:

1. The Report and Recommendation (Dkt. 6) is confirmed, approved, and adopted in all respects and is hereby made a part of this Order.

2. Plaintiff’s motion to proceed in forma pauperis (Dkt. 2) is denied without prejudice.

3. Plaintiff’s motion to appoint counsel (Dkt. 3) is denied without prejudice. 4. The complaint (Dkt. 1) is dismissed without prejudice.

5. Plaintiff shall file an amended complaint, if he so chooses to amend, in compliance with the Report and Recommendation on or before September 7, 2021, or this case will be dismissed without further notice.

DONE AND ORDERED in Tampa, Florida, on August 4, 2021. s/William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Plaintiff, pro se