Opinion
4:21-CV-10032-JLK
07-21-2021
KENNETH J. GRIFFITH, Plaintiff, v. PATRICIA GIBSON, Defendant.
Kenneth J. Griffith, Pro Se.
Kenneth J. Griffith, Pro Se.
Jacqueline Becerra, Magistrate Judge.
FINAL ORDER OF DISMISSAL
JAMES LAWRENCE KING, UNITED STATES DISTRICT JUDGE.
THIS CAUSE is before the Court on the June 1, 2021 Report and Recommendation (“R&R”) (DE 7) of Magistrate Judge Jacqueline Becerra. On June 23, 2021, the Court entered an order (DE 9) granting Plaintiff's motion for extension to file objections. Plaintiff's objections were due by July 16, 2021; none were filed.
Plaintiff's Motion for Leave to Proceed In Forma Pauperis (DE 3) was referred to Magistrate Judge Jacqueline Becerra. See DE 4. Plaintiff's pro se Complaint was subject to screening under 28 U.S.C. § 1915(e)(2)(B). Upon review, Magistrate Judge Jacqueline Becerra found the Complaint is frivolous and fails to state a claim on which relief may be granted. See R&R at 4. Further, Magistrate Judge Jacqueline Becerra concluded that even with the benefit of amending the Complaint, Plaintiff is unlikely state a claim. Id. The R&R recommends dismissing the Complaint with prejudice and denying as moot Plaintiff's Motion to Leave to Proceed In Forma Pauperis. See R&R.
Upon consideration of the record and the R&R, the Court finds that the R&R is well-reasoned and accurately states the law of the case. Therefore, it is ORDERED, ADJUDGED and DECREED that:
1. Magistrate Judge Jacqueline Becerra's Report and Recommendation (DE 7) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court;
2. Plaintiffs Complaint (DE 1) is hereby DISMISSED WITH PREJUDICE pursuant to § 1915(e)(2)(B);
3. All pending motions are hereby DENIED as moot; and
4. The Clerk of Court shall CLOSE this case.
DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 21st day of July, 2021.