Opinion
CASE NO. 2:10-CV-509-FtM-36DNF.
October 26, 2010
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas N. Frazier on October 7, 2010 (Dkt. 14), recommending that the Court deny Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. 2) and dismiss the action pursuant to 28 U.S.C. § 1915(e)(2)(B). Plaintiff did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired.
After carefully considering Plaintiff's Amended Complaint (Dkt. 13), Plaintiff's Application (Dkt. 2), and Magistrate Judge Frazier's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Frazier's Report and Recommendation should be confirmed and accepted.
ACCORDINGLY, it is now ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation of the Magistrate Judge (Dkt. 14) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. 2) is DENIED.
3. This action is DISMISSED without prejudice. The Clerk is directed to terminate all pending motions, enter judgment accordingly and close the file.DONE AND ORDERED at Ft. Myers, Florida, on October 26, 2010.