Opinion
Case No: 2:17-cv-559-FtM-99MRM
06-11-2018
DAVID FREEMAN, Plaintiff, v. MATTHEW CLEARY, Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #14), filed May 9, 2018, recommending that the Declaration in Support of Request to Proceed In Forma Pauperis (Doc. #7) and the Affidavit of Indigency (Doc. #10), construed as a motion to proceed in forma pauperis, be denied, and the case dismissed. No objections have been filed and the time to do so has expired.
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). 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).
The Magistrate Judge recommends dismissal for failure to state a claim, and for failure to comply with the Court's Orders. After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #14) is hereby adopted and the findings incorporated herein.
2. Plaintiff's Declaration in Support of Request to Proceed In Forma Pauperis (Doc. #7) and Affidavit of Indigency (Doc. #10) are DENIED.
3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file.
DONE and ORDERED at Fort Myers, Florida, this 11th day of June, 2018.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE Copies:
Hon. Mac R. McCoy
United States Magistrate Judge Counsel of Record
Unrepresented parties