Opinion
2:21-cv-213-SPC-NPM
08-02-2021
TYREE FORD, Plaintiff, v. BRENT CLARK and FLUENT CANNABIS DISPENSARY, Defendants.
Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink's availability and functionality, and a failed hyperlink does not affect this Order.
SHERIPOLSTER CHAPPEL, UNITED STATES DISTRICT JUDGE.
Before the Court is United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (“R&R”). (Doc. 10). After conducting a 28 U.S.C. § 1915 review, Judge Mizell explained the defects in Plaintiff's original pleading, dismissed without prejudice, and allowed amendment. (Doc. 3). Because the operative Complaint (Doc. 8) suffers from the same deficiencies, Judge Mizell recommends denying Plaintiff's Motions to proceed in forma pauperis (Docs. 2; 5; 9) and dismissing this action. Neither party timely objected, so the matter is ripe.
A district judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). Without a specific objection, the judge need not review factual findings de novo. 28 U.S.C. § 636(b)(1); see also Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). But the district court reviews legal conclusions de novo, even without an objection. Cooper-Houston v. S. Ry., 37 F.3d 603, 604 (11th Cir. 1994).
After a careful, complete, and independent examination of the file, the Court accepts and adopts Judge Mizell's well-reasoned R&R in full.
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. 10) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The Motions to proceed in forma pauperis (Docs. 2; 5; 9) are DENIED.
3. This action is DISMISSED.
4. The Clerk is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case.
DONE and ORDERED.