BANKS
v.
THE PEOPLE OF THE STATE OF FLORIDA

M.D. Fla. | 2020-01-09
No. 2:19-cv-756
District Court, M.D. Florida (2020)

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Holding

The court adopted the magistrate judge's recommendation to deny the plaintiff's affidavit of indigency and dismiss the complaint without leave to amend.

Facts & Procedural History

Plaintiff filed an affidavit of indigency and a complaint. The magistrate judge recommended denying the affidavit and dismissing the complaint. The pl…

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Topics
Affidavit Of Indigency Dismissal Of Complaint Motion To Proceed In Forma Pauperis Report And Recommendation Review

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Opinion of the Court

AMERICA, SAM GALLOWAY FORD, INC. and SHENANDOAH GENERAL CONSTRUCTION COMPANY,

Defendants. /

ORDER1

Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”). (Doc. 12). Judge Mizell recommends denying Plaintiff’s Affidavit of Indigency (Doc. 2) and dismissing the Complaint (Doc. 1) without leave to amend. (Doc. 12 at 4-5). Plaintiff did not object, and the time to do so passed.

reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston v. S. Ry., 37 F. 3d 603, 604 (11th Cir. 1994). As Hemingway once said, there is no need “to write in another way what has been well written.” See Ernest Hemingway, Nobel Prize Banquet Speech (Dec. 10, 1954). So after a careful, complete, and independent examination of the file, the Court accepts and adopts Judge Mizell’s well-reasoned R&R in full. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 12) is ACCEPTED and ADOPTED

and the findings incorporated herein. 2. The Affidavit of Indigency (Doc. 2), construed as a Motion to proceed in Forma Pauperis, is DENIED. 3. The Bill of Complaint in Equity Presentment to Cure and Jurisdiction (Doc. 1) is DISMISSED. 4. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida this 8th day of January, 2020.

° Lh platrathe 7

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. A district judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). Without a specific objection, the judge has no obligation to review factual findings de novo. 28 U.S.C. § 636(b)(1); see also Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). But the district court

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