Bey v. Mason

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

ASAD ZAY BEY,

Plaintiff, v. Case No. 2:20-cv-00806-JLB-NPM DONALD MASON, ROGER D. EATON,

BILL PRUMMELL, RYAN LAROSA, IAN

ALVAREZ, GEORGE C. RICHARDS, and

AMIRA FOX,

Defendants. /

ORDER

The Magistrate Judge filed a Report and Recommendation (“R&R”) in this matter on December 13, 2020, recommending that the motion to proceed in forma pauperis filed by Plaintiff Asad Zay Bey (Doc. 2)1 be denied and that this action be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). No objections have been filed. A district judge may accept, reject, or modify the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1). The factual findings in the R&R need not be reviewed de novo in the absence of an objection, but legal conclusions are always reviewed de novo. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that no objections have been filed—the Court agrees with the Mr. Bey has also filed a form affidavit of indigency. The Court agrees with the Magistrate Judge’s decision to construe the affidavit as a motion to proceed in forma pauperis. well-reasoned R&R. Although the R&R does not recommend whether to dismiss with or without prejudice, the Court believes that dismissal with prejudice is appropriate given the utter frivolity of Mr. Bey’s claims.

Accordingly, it is ORDERED:

1. The Report and Recommendation (Doc. 4) is ADOPTED.

2. Mr. Bey’s motion to proceed in forma pauperis (Doc. 2) is DENIED. 3. This action is DISMISSED WITH PREJUDICE. The Clerk is directed to close the file.

ORDERED in Fort Myers, Florida, on January 13, 2021

JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE