United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE.
cause came on for consideration without oral argument on the
AFFIDAVIT OF INDIGENCY (Doc. No. 2)
July 17, 2017 THEREON it is
RECOMMENDED that the motion be
DENIED and Plaintiff be directed to file an amended
complaint and a renewed motion to proceed in forma
17, 2017, pro se Plaintiff Jose Pedro Azevedo instituted this
action by filing “Notice of Disestablishment of
Paternity on the Basis of Sec. 466 42 U.S.C.
§666(a)(5)(D)(iii) Fraud and Duress” (the
“Complaint”). Doc. No. 1. Plaintiff filed an
Affidavit of Indigency on the same day, which is interpreted
as a request to proceed without prepaying fees and costs (the
“Motion”). Doc. No. 2.
United States Congress requires the district court to review
a civil complaint filed in forma pauperis
and dismiss any such complaint that is frivolous, malicious
or fails to state a claim. 28 U.S.C. §
1915. The mandatory language of 28 U.S.C. §
1915 applies to all proceedings in forma pauperis.
Section 1915(e)(2) provides:
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the court determines that --
(A) the allegation of poverty is untrue; or
(B) the action or appeal --
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
or (iii) seeks monetary relief against a defendant who is
immune from such relief.
Local Rules of the United States District Court for the
Middle District of Florida also govern proceedings in
forma pauperis. Pursuant to Local Rule 4.07(a), the
Clerk dockets, assigns to a judge, and then transmits to the
judge cases commenced in forma pauperis. The
district court assigns to United States Magistrate Judges the
supervision and determination of all civil pretrial
proceedings and motions. Local Rule 6.01(c)(18). With respect
to any involuntary dismissal or other final order that would
be appealable if entered by a district judge, the United
States Magistrate Judge may make recommendations to the
district judge. Id. The Court may dismiss the case
if satisfied that the action is frivolous or malicious under
section 1915, or may enter such other orders as shall seem
appropriate. Local Rule 4.07(a).
Discretion Under 28 ...