BRYANT
v.
MILLER
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The court adopted the Magistrate Judge's recommendation to dismiss the plaintiff's complaint without prejudice.
The Magistrate Judge recommended dismissal of the plaintiff's complaint for failure to renew a motion, failure to state a claim, failure to comply wit…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
OPINION AND ORDER1
Before the Court is a Report and Recommendation of United States Magistrate Judge Mac R. McCoy. (Doc. 8). Judge McCoy recommends that Plaintiff’s Complaint (Doc. 1) be dismissed without prejudice for failure to renew timely his motion to proceed in forma pauperis or pay the required filing fee, for failure to state a claim, for failure to comply with the Court’s Orders, and for failure to prosecute. Neither party objects to the Report and Recommendation, and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or
R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing 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 examining the file independently and upon considering Judge McCoy’s findings and recommendations, the Court accepts and adopts the Report and Recommendation. Accordingly, it is now
ORDERED: The Report and Recommendation (Doc. 8) is ACCEPTED and ADOPTED and the findings incorporated herein. (1) The Complaint (Doc. 1) is DISMISSED without prejudice.
(2) The Clerk is DIRECTED to enter judgment accordingly, deny any pending motions as moot, terminate any deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on December 9, 2021.
tite POLSTER otal
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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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)