Opinion
Case No. 05-60875-CIV-ALTONAGA/White.
August 30, 2005
ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THIS CAUSE came before the Court on Magistrate Judge Patrick A. White's Report and Recommendation, issued on August 8, 2005 [D.E. 5]. On May 31, 2005, Plaintiff, John R. Choate, filed a pro se civil pleading seeking an Order to Show Cause [D.E. 1]. Magistrate Judge White recommends that Mr. Choate's civil action be dismissed without prejudice because the pleading that Mr. Choate filed cannot be addressed by the Court. Mr. Choate has filed no objection to the Magistrate Judge's Report and Recommendation.
The Court has considered de novo Mr. Choate's filing and Magistrate Judge White's Report and Recommendation. Upon independent review of the file, it is
ORDERED AND ADJUDGED that Magistrate Judge White's August 8, 2005 Report and Recommendation [D.E. 5] is AFFIRMED AND ADOPTED in total as follows:
1. Mr. Choate's pleading seeking an Order to Show Cause [D.E. 1] is DENIED.
2. The case is DISMISSED WITHOUT PREJUDICE to Mr. Choate's filing a proper complaint.
3. The Clerk of the Court is instructed to CLOSE the case, and all pending motions not otherwise ruled upon are DENIED AS MOOT.
DONE AND ORDERED.