Lindberg v. Gabbard

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LENA MARIE LINDBERG, Plaintiff, v. Case No. 6:21-cv-1372-RBD-GJK MONICA GABBARD; CHRISTA CONKLIN; CARMEN REYES; and RAYMOND HORNSTEIN, Defendants. ________________________________________ ORDER Plaintiff filed a pro se Complaint against judicial assistants and one public defender alleging, among other things, an illegal arrest, illegal retainment of property, and retaliation. (Doc. 1.) She also moved to proceed in forma pauperis (“IFP”). (Doc. 2 (“Motion”).) On referral, U.S. Magistrate Judge Gregory J. Kelly entered a Report and Recommendation submitting that the Court dismiss the Complaint as unintelligible, illegible, and noncompliant with the Federal Rules of Civil Procedure. (Doc. 3 (“R&R”).)

The parties did not object and the deadline has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 3) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety.

2. Plaintiff’s Motion (Doc. 2) is DENIED.

3. The Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.

4. By Wednesday, September 29, 2021, Plaintiff may file an amended complaint correcting the deficiencies identified in the R&R and an amended motion to proceed in forma pauperis. Failure to timely file will result in this action being closed without further notice.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 15, 2021.

/) United States District Judge Copies to: Pro se Plaintiff Lena Marie Lindberg