UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

CHRISTOPHER KIBODEAUX,

Plaintiff,

v. Case No. 6:21-cv-1969-RBD-DCI

RYAN ZIKA; DAVID STRONG; JOSHUA MONTEMAYOR; and MICHAEL D. LUGO,

Defendants. ____________________________________

ORDER Plaintiff, proceeding pro se, filed a Complaint (Doc. 1) and a Motion for Leave to Proceed In Forma Pauperis (Doc. 2 (“Motion”)). Upon referral, U.S. Magistrate Judge Daniel C. Irick entered a Report & Recommendation (Doc. 4 (“R&R”)) submitting that the Motion be denied and the Complaint be dismissed with leave to amend because it failed to state a proper claim. Plaintiff did not object and the deadline has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc.,

(11th Cir. 2006). Finding none, the R&R is due to be adopted, Motion denied, and Complaint dismissed. The Court notes that after the R&R was entered, Plaintiff filed an Amended Complaint (Doc. 7). In light of this Order, Plaintiff must either pay the required filing fee or file a new motion for leave to proceed in forma pauperis, or the Amended Complaint will be dismissed as well. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 4) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety. 2. Plaintiff's Motion (Doc. 2) is DENIED. 3. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. 4. By Tuesday, December 28, 2021, Plaintiff is DIRECTED to pay the required filing fee or file a new motion for leave to proceed in forma pauperis in conjunction with the Amended Complaint (Doc. 7). Failure

to do so may result in this action being closed without further notice. DONE AND ORDERED in Chambers in Orlando, Florida, on December 23, 2021.

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United States District Judge

Copies: Pro se Plaintiff Christopher Kibodeaux