Opinion
1:12CV405
09-25-2012
JONATHAN L. FRIEND EL, Plaintiff, v. BEVERLY PERDUE, Defendant(s).
ORDER
This matter is before this court for review of the Order and Recommendation ("Recommendation") filed on April 23, 2012, by the Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 3.) In the Recommendation, the Magistrate Judge recommends that this action be dismissed under 28 U.S.C. § 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted. The Recommendation was served on the parties to this action on April 23, 2012. Plaintiff has filed a Notice and Declaration of Revocation of Power of Attorney and Notice and Declaration of Fraud and Notice to Cease and Desist (Doc. 5) and a Declaration Affidavit of Moorish American National Status of Inheritance and Indigenous Birth Rights (Doc. 6) which the court construes as objections to the Magistrate Judge's Recommendation.
More recently, Plaintiff filed a letter requesting that this case be dismissed (Doc. 8). In light of this Order, Defendant's request for dismissal will be denied as moot.
This court is required to "make a de novo determination of those portions of the [Magistrate Judge's] report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). This court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the [M]agistrate [J]udge. . . . [O]r recommit the matter to the [M]agistrate [J]udge with instructions." Id.
This court has appropriately reviewed the portions of the Recommendation to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation (Doc. 3) is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED under 28 U.S.C. § 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that Plaintiff's "Motion for Affidavits Concerning Nationality to be Filed Independently from 42 U.S.C. 1983 Claim" (Doc. 7) is DENIED for lack of good cause.
IT IS FURTHER ORDERED that Plaintiff's request for dismissal (Doc. 8) is DENIED as MOOT.
A Judgment dismissing this action will be entered contemporaneously with this Order.
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United States District Judge