CROWDER
v.
WORLD PRODUCT SOLUTIONS
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The court adopted the magistrate judge's report and recommendation, deferring the motion to proceed in forma pauperis and dismissing the complaint without prejudice with leave to amend.
Plaintiff filed a motion for leave to proceed in forma pauperis and a complaint. The magistrate judge recommended deferring the IFP motion and dismiss…
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This matter is before the Court on consideration of the report and recommendation of Thomas G. Wilson, United States Magistrate Judge, entered on September 14, 2021. (Doc. 4). Judge Wilson recommends Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) be deferred, and that his complaint (Doc. 1) be dismissed without prejudice with leave to file an amended complaint due to several deficiencies. Neither Plaintiff nor Defendants filed an objection to the report and recommendation, 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 Wilson’s report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff’s in forma pauperis motion is deferred. The complaint (Doc. 1) is dismissed without prejudice with leave to amend to cure the deficiencies identified by Judge Wilson in his report and recommendation. Plaintiff is directed to file his amended complaint on or before November 1, 2021. Failure to file an amended complaint as directed will result in this Order becoming a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719-20 (11th Cir. 2020). Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Wilson’s report and recommendation (Doc. 4) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is hereby
DEFERRED.
(3) The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE, with leave to amend. Plaintiff is directed to file his amended complaint on or before November 1, 2021. Failure to file an amended complaint as directed will result in this Order becoming a final judgment. DONE and ORDERED in Chambers, in Tampa, Florida, this 1st day of October, 2021.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
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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)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)