IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

PETER J. SMITH, ) ) Plaintiff, ) ) v. ) CASE NO. 2:24-CV-162-RAH ) KAY IVEY, et al., ) ) Defendants. ) ) ORDER On July 15, 2024, the Magistrate Judge recommended this case should be dismissed without prejudice. On July 26, 2024, Plaintiff Peter J. Smith filed Objections (Doc. 12) to the Recommendation (Doc. 11). When a party objects to a Magistrate Judge's Report and Recommendation, the district court must review the disputed portions de novo.

(b)(1). The district court “may accept, reject, or modify the recommended disposition; receive further evidence; or resubmit the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3). De novo review requires that the district court independently consider factual issues based on the record. Jeffrey S. ex rel. Ernest S. v. State Bd. of Educ.,

(11th Cir. 1990). See also United States v. Gopie,

, 499 n.1 (11th Cir. 2009). However, objections to the Magistrate Judge's Report and Recommendation must be sufficiently specific in order to warrant de novo review. See Macort v. Prem, Inc.,

, 783- 85 (11th Cir. 2006). Otherwise, a Report and Recommendation is reviewed for clear

error.

Smith objects to the Magistrate Judge’s Recommendation. He argues the allegations in the Complaint (Doc. 1) set forth violations of his civil and/or constitutional rights. As discussed in the Recommendation, the problem is that the allegations are vague and conclusory and the Plaintiff did not file an Amended Complaint within the deadline as instructed by the Court (see Doc. 10, Order). Upon this Court’s independent review of the record, including the Plaintiff's pleadings, the Magistrate Judge’s Recommendation, and the Plaintiff's Objections, it is ORDERED that the Objections (Doc. 12) are OVERRULED, the Magistrate Judge’s Recommendation (Doc. 11) is ADOPTED, and this case 1s DISMISSED without prejudice. A final judgment will be filed separately. DONE, on this the 31st day of July 2024.

UNITED STATES DISTRICT JUDGE