SHELDON
v.
GOLDEN SHELDON
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the complaint as frivolous with prejudice.
The plaintiff filed a complaint and a motion for leave to proceed in forma pauperis. A magistrate judge recommended denying the motion and dismissing …
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This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on November 2, 2020. (Doc. 3). Judge Flynn recommends Plaintiff’s construed motion for leave to proceed in forma pauperis (Doc. 2) be denied, and that his amended complaint (Doc. 1) be deemed frivolous and dismissed with prejudice. No objection has been filed 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); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Flynn’s report and recommendation, in conjunction with an independent examination of the file, the Court adopts the report and recommendation in all respects. The Court agrees with Judge
Flynn’s detailed and well-reasoned factual findings and legal conclusions. Consequently, Plaintiff’s in forma pauperis motion is denied, and the complaint is deemed frivolous and dismissed with prejudice. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Flynn’s report and recommendation (Doc. 3) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Plaintiff’s construed motion for leave to proceed in forma pauperis (Doc. 2) is hereby
DENIED.
(3) Plaintiff’s complaint (Doc. 1) is deemed frivolous and DISMISSED WITH
PREJUDICE.
(4) 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 11th day of January, 2021.
; / \ i Ld. (Om “4 =—/ i C+
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)