Lindberg v. Oaks

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LENA MARIE LINDBERG, Plaintiff, v. Case No. 6:21-cv-1417-RBD-GJK KEVIN OAKS; JOE PINSKER; JAMES ADAMS; RALPH GARCIA; SHADRICK CARTER; WILL NEWMAN; LISA GERMAN; JERROD GERWIG; and JOHN BARBERI, Defendants. ________________________________________ ORDER Plaintiff filed the pro se Complaint against Defendants, alleging she received death threats and other assertions unconnected to a cause of action. (Doc. 1, p. 5.)

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 should dismiss the Complaint as unintelligible, illegible, and noncompliant with the Federal Rules of Civil Procedure. (Doc. 3, pp. 3–4 (“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 Friday, October 1, 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 17, 2021.

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