HUTCHESON
v.
CAMPBELL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the complaint with prejudice for failure to state a claim.
The plaintiff, proceeding pro se, filed an application to proceed in forma pauperis and a complaint. The magistrate judge recommended denying the in f…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dismissal For Failure To State A Claim cases and more on FLexlaw
This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on February 13, 2023. (Doc. 5). Judge Flynn recommends that pro se Plaintiff’s “Application to Proceed in District Court Without Prepayment of Fees or Costs” construed as a motion to proceed in forma pauperis (Doc. 2) be denied. Judge Flynn further recommends that the Court sua sponte dismiss Plaintiff’s Complaint (Doc. 1) with prejudice for failure to state a claim. No objection has been filed, 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); 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 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 Flynn’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Flynn’s well-reasoned factual findings and conclusions. Consequently, the motion for default judgment is granted in part and denied in part. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Flynn’s report and recommendation (Doc. 5) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Plaintiff’s construed motion to proceed in forma pauperis is DENIED; and (3) Plaintiff’s Complaint (Doc. 1) is DISMISSED with prejudice for failure to state a claim.
(6) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 3"¢ day of March, 2023.
a AL fp —~ joe! _
TOM BARBER
UNITED STATES DISTRICT JUDGE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)