DELP
v.
MIDLAND MORTGAGE
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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 case without prejudice.
Plaintiff filed a complaint and a motion to proceed in forma pauperis. The Magistrate Judge recommended dismissing the complaint without prejudice and…
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Defendant. /
ORDER1
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”) (Doc. 6). Judge Mizell recommends dismissing the complaint without prejudice, denying the motion to proceed in forma pauperis, and closing the case. Plaintiff did not timely object to the R&R. So the R&R is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993).
Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full. Accordingly, it is now
ORDERED: 1. United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (Doc. 6) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff’s Motions to Proceed in forma pauperis (Docs. 2; 3) are
DENIED.
3. This action is DISMISSED without prejudice.
4. The Clerk is DIRECTED to enter judgment, deny any pending
motions as moot, terminate all deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on September 14, 2022.
ites POLSTER atta
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)