Opinion
Case No. 2:06-CV-212-FTM-99DNF.
August 28, 2006
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #13), filed August 10, 2006, recommending that the request to proceed in forma pauperis and for an appointment of counsel be denied, and the case be dismissed. On August 23, 2006, plaintiff filed an Emergency Motion for Injunction and Restraining Order and Motion to Strike Report and Recommendation of Magistrate Douglas N. Frazier (Doc. #16). The motions were denied and to the extent that plaintiff objected to the Report and Recommendation, the motions were construed as objections and taken under advisement.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation and objections thereto, the Court accepts the Report and Recommendation of the magistrate judge and overrules the objections.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #130 is hereby accepted and adopted and the Pauperis Petition and Motion for the Appointment of Counsel (Doc. #11) are DENIED. Pursuant to the adoption of the Report and Recommendation, the case is dismissed without prejudice for failure to state a claim.
2. The Clerk shall enter judgment dismissing the case without prejudice for failure to state a claim, terminate all deadlines as moot, and close the case.
DONE AND ORDERED.