Opinion
Civil Action 1:20-cv-02254-SDG
02-22-2022
LAWRENCE FAUNTLEROY, Plaintiff, v. DEKALB COUNTY, et al., Defendants.
OPINION AND ORDER
STEVEN D. GRIMBERG UNITED STATES DISTRICT COURT JUDGE
This matter is before the Court for consideration of the Final Report and Recommendation (R&R) entered by United States Magistrate Judge J. Clay Fuller [ECF 18], which recommends that this action be dismissed for failure to state a claim and denies various motions for leave to amend by Plaintiff Lawrence Fauntleroy. Fauntleroy objected to the R&R.
ECF 20.
A party challenging a report and recommendation issued by a United States Magistrate Judge must file written objections that specifically identify the portions of the proposed findings and recommendations to which an objection is made and must assert a specific basis for the objection. United States v. Schultz, 565 F.3d 1353, 1361 (11th Cir. 2009). The district court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Jeffrey S. ex rel. Ernest S. v. State Bd. of Educ. of Ga., 896 F.2d 507, 512 (11th Cir. 1990). “‘Frivolous, conclusive, or general objections need not be considered by the district court.'” Schultz, 565 F.3d at 1361 (quoting Marsden v. Moore, 847 F.2d 1536, 1548 (11th Cir. 1988)).
Fauntleroy's objections concern the substantive allegations in his Complaint, which the R&R concluded was frivolous and did not state a claim.The R&R indicates that the pleading fails to comply with the Federal Rules of Civil Procedure (specifically, Rules 8, 10, and 20). Fauntleroy has not identified any portion of the R&R to which he objects or provided a basis for his general objection to the dismissal recommendation. These objections are of the conclusive and general nature that the Court need not consider.
ECF 18, at 5-7.
Id.
See generally ECF 20.
Finding no factual or legal error in the R&R, it is ADOPTED as the Order of this Court. The Clerk is DIRECTED to DISMISS this case WITHOUT PREJUDICE.
The Clerk is further DIRECTED to SEAL Fauntleroy's objections [ECF 20], which identify the minor victim in the criminal case pending against him as well as the nature of the sexual abuse he allegedly perpetrated against that victim.
SO ORDERED.