Clements v. The State of Florida
Clements v. The State of Florida
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
LOUIS MATTHEW CLEMENTS,
Plaintiff,
v. Case No: 2:20-cv-398-JES-NPM
THE STATE OF FLORIDA,
Defendant.
OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #5), filed June 16, 2021, recommending that plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. #2) be denied and the case be dismissed. No objections have been filed and the time to do so 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), cert. denied,
459 U.S. 1112(1983). 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). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co.,
37 F.3d 603, 604(lith 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). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #5) is hereby adopted and the findings incorporated herein. 2, Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. #2) is DENIED. 3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this 8th day of July, 2021.
L) p 4 LEC E. STEELE Sq IOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Unrepresented parties
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