RUIZ-CONTRERAS
v.
ANDUJAR

M.D. Fla. | 2021-11-15
District Court, M.D. Florida (2021)

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Holding

The court adopted the Magistrate Judge's recommendation to dismiss the plaintiff's complaint without prejudice.

Facts & Procedural History

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…

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Topics
Dismissal For Failure To State A Claim Report And Recommendation Review Dismissal For Failure To Prosecute Plain Error Standard

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Opinion of the Court

Defendant. /

OPINION AND ORDER1

Before the Court is a Report and Recommendation of United States Magistrate Judge Mac R. McCoy. (Doc. 7). 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. 7) 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 November 15, 2021.

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UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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

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