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Charles v. Orange County Sheriff's Office

United States District Court, M.D. Florida, Orlando Division

August 14, 2019

JEFFREY CHARLES, Plaintiff,
v.
ORANGE COUNTY SHERIFF'S OFFICE, ORANGE COUNTY JAIL, and 9TH CIRCUIT COURT, Defendants.

          REPORTAND RECOMMENDATION

          GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE

         This cause came on for consideration without oral argument on the following motion:

MOTION: APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Doc. No. 3)
FILED: August 8, 2019
THEREON it is RECOMMENDED that the motion be DENIED and that the complaint be DISMISSED WITHOUT PREJUDICE.

         On July 24, 2019, pro se plaintiff Jeffrey Charles filed a “Complaint and Request for Injunction” (the “Complaint”). Doc. No. 1. On August 8, 2019, Plaintiff filed an Application to Proceed in District Court Without Prepaying Fees or Costs (the “Motion”). Doc. No. 3.

         I. APPLICABLE LAW

         The 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.[1] 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.

         The 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 fails to state a claim on which relief may be granted under section 1915, or may enter such other orders as shall seem appropriate. Local Rule 4.07(a). The pauper's affidavit should not be a broad highway into the federal courts. Phillips, 746 F.2d at 785; Jones v. Ault, 67 F.R.D. 124, 127 (S.D. Ga.1974), aff'd without opinion, 516 F.2d 898 ...


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