ZACHERY PERNELL HICKS
v.
THE HOME DEPOT STORE #0256
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the complaint without prejudice.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report and recommendation for clear error.
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Join FLexlaw to unlock all legal intelligence“a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982).”
Establishes the standard of review for magistrate judge reports and recommendations.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff filed a complaint and a motion to proceed in forma pauperis. The magistrate judge recommended denying the motion and dismissing the comp…
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This matter is before the Court on consideration of the report and recommendation of Natalie Hirt Adams, United States Magistrate Judge, entered on December 18, 2025. (Doc. 7). Judge Adams recommends that Plaintiff's motion to proceed in forma pauperis (Doc. 4) be denied and Plaintiff's complaint (Doc. 1) be dismissed without prejudice, subject to the right of Plaintiff to file an amended complaint and amended motion to proceed in forma pauperis. No party has objected, and the time to object 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); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright,
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681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Adams's wellreasoned report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff's motion to proceed in forma pauperis is denied without prejudice, and Plaintiff's complaint is dismissed without prejudice.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 7) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) Plaintiff's motion to proceed in forma pauperis is DENIED without prejudice.
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(3) The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE, subject to the right of Plaintiff to file an amended complaint and amended motion to proceed in forma pauperis on or before February 6, 2026.
(4) Failure to file an amended complaint as directed will result in this Order becoming a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719-20 (11th Cir. 2020). Failure to file an amended motion to proceed in forma pauperis may result in this case being dismissed without prejudice without further notice.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th day of January, 2026.
TOM BARBER UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)