Milliken v. U.S. Marshals

United States District Court for the Southern District of Florida

Milliken v. U.S. Marshals

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-22196-CIV-GAYLES/REID

WILLIAM BARRY MILLIKEN JR.,

Plaintiff,

v.

U.S. MARSHALS,

Defendant. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE comes before the Court on the Report of Magistrate Judge (the “Report”) [ECF No. 18]. Plaintiff filed a pro se civil rights Complaint. [ECF No. 1]. The matter was referred to Magistrate Judge Reid for a ruling on all pre-trial non-dispositive matters and for a Report and Recommendation on any dispositive matters. [ECF No. 2]. Judge Reid’s Report recommends that the Court dismiss the Complaint as frivolous pursuant to 28 U.S.C. § 1915A. Plaintiff filed timely objections to the Report. [ECF No. 19]. A district court may accept, reject, or modify a magistrate judge’s report and recommen- dation.

28 U.S.C. § 636

(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,

565 F.3d 1353, 1360

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,

199 F. Supp. 2d 1271, 1276

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). The Court has conducted a de novo review of the record and agrees with Judge Reid’s well- reasoned analysis and conclusion that the Complaint should be dismissed as frivolous pursuant to 28 U.S.C. § 1915A. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Judge Reid’s Report [ECF No. 18] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) Plaintiff’ Complaint [ECF No. 1] is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915A; and (3) This case shall be CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 31st day of October, 2020.

of DARRIN P. GAYLES UNITED STATES DI ICT JUDGE

Reference

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