COUTARD
v.
UNIVERSAL MUSIC GROUP
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The court adopted the Magistrate Judge's report and recommendation, denying the motion to proceed in forma pauperis and dismissing the complaint.
Plaintiff filed a pro se complaint and a motion to proceed in forma pauperis. The Magistrate Judge recommended denying the motion and dismissing the c…
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Before the Court is the United States Magistrate Judge's report recommending that Plaintiff's motion to proceed in forma pauperis (Dkt. 2) be denied and Plaintiff's pro se complaint (Dkt. 1) be dismissed. Dkt. 6. The time for filing objections has passed.
Absent objection, the Court conducts a “careful and complete" review of the report and recommendation. Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982 (per curiam) (quotation citation omitted). “Clear error" review applies to portions of the report and recommendation to which no objection is made. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006) (per curiam) (quotation citation omitted). Legal conclusions are reviewed de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). The Court may accept, reject, or modify, in whole or in part, the Magistrate Judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams, 681 F. 2d at 732.
The Magistrate Judge, in a thorough and well-reasoned analysis, found that the complaint (Dkt. 1) fails to allege a sufficient basis to support a reasonable inference that any of the defendants are liable for the stated misconduct. Dkt. 6. The Court agrees with the Magistrate Judge that any further attempts would be futile, as this is not Plaintiff's first attempt to allege a plausible claim based on the same conduct. See Storm Coutard v. Universal Music Group, et al., 8:25-cv-1275- WFJ-LSG (permitting two amendments). Having performed a de novo and independent review of the file, and for the sound reasons explained in the Report and Recommendation, the Court rules as follows:
1. The Report and Recommendation (Dkt. 6) is adopted, confirmed, and approved in all respects and made a part of this order. 2. Plaintiff's motion to proceed in forma pauperis (Dkt. 2) is denied. 3. Plaintiff's complaint (Dkt. 1) is dismissed. 4. Plaintiff's motion to appoint counsel (Dkt. 4) is denied as moot. 5. The Clerk is directed to terminate any pending motions and to close the case.
DONE and ORDERED in Tampa, Florida on September 3, 2025.
s/William F. Jung
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
Copies furnished to: Plaintiff, pro se
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)