Opinion
2:21-cv-953-SPC-NPM
09-14-2022
MARC ANTHONY DELP, Plaintiff, v. MIDLAND MORTGAGE, Defendant.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (“R&R”) (Doc. 6). Judge Mizell recommends dismissing the complaint without prejudice, denying the motion to proceed in forma pauperis, and closing the case. Plaintiff did not timely object to the R&R. So the R&R is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. SeeGarvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. LeasingCorp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v.Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. 6) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff's Motions to Proceed in forma pauperis (Docs. 2; 3) are DENIED.
3. This action is DISMISSED without prejudice.
4. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate all deadlines, and close the case.
DONE and ORDERED