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Roberts v. Gordy

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

November 18, 2019

MICHELLE LEE ROBERTS, Plaintiff,
v.
BRUCE GORDY, Defendant.

          REPORT AND RECOMMENDATION

          GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE

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

MOTION: APPLICATION TO PROCEED IN
DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Doc. No. 2)
FILED: October 29, 2019
THEREON it is RECOMMENDED that the motion be DENIED, and the case be DISMISSED with leave to amend the complaint.
MOTION: APPLICATION TO PROCEED IN
DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Doc. No. 8)
FILED: November 12, 2019
THEREON it is RECOMMENDED that the motion be DENIED, and the case be DISMISSED with leave to amend the complaint.

         On October 29, 2019, pro se Plaintiff filed her Complaint against Defendant. Doc. No. 1. On the same day, Plaintiff filed an Application to Proceed in District Court Without Prepaying Fees or Costs (the “Application”). Doc. No. 2. On November 12, 2019, Plaintiff filed a second Application (the “Amended Application”). Doc. No. 8.

         The United States Congress has required that the district court 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 provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time ...

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