Opinion
1:22-cv-20499-JLK/DAMIAN
03-18-2022
RICHARD RALPH MALCOLM, Plaintiff, v. CITY OF MIAMI and SERGEANT SAMPSON, Defendants.
ORDER DENYING OBJECTIONS TO REPORT AND RECOMMENDATION
JAMES LAWRENCE KING UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court upon Plaintiff's pro se Objections (DE 6), filed on March 15, 2021, to Magistrate Judge Melissa Damian's Report and Recommendation (“R&R”) (DE 5), entered March 7, 2022.
Plaintiff's objections were timely filed within the applicable 14-day period. Plaintiff, in his objections, attempts to improperly raise facts not included in his pro se Complaint (DE 1). Furthermore, upon performing a de novo review of the record and after careful consideration, the Court finds that Magistrate Judge Damian's well-reasoned R&R (DE 5) accurately states the facts and law of the case.
Accordingly, it is ORDERED, ADJUDGED, and DECREED that:
1. Defendant's Objections to Magistrate Judge Damian's Report and Recommendation (DE 6) be, and the same are, hereby DENIED;
2. Magistrate Judge Melissa Damian's March 7, 2022 Report and Recommendation (DE 5) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court;
3. Plaintiff s pro se Complaint (DE 1) is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii); and
4. All pending motions, including (DE 7), are hereby DENIED AS MOOT.
DONE and ORDERED in chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 18th day of March, 2022.