United States District Court, M.D. Florida, Orlando Division
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE
cause came on for consideration without oral argument on the
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.
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.
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 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 ...