Kellar v. Secretary, Florida Department of Corrections
Kellar v. Secretary, Florida Department of Corrections
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
CASE NO.: 21-cv-21941-GAYLES/REID
RAYL LYNN KELLAR,
Plaintiff,
v.
MARK INCH, SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS,
Defendant. _______________________________/
ORDER
THIS CAUSE comes before the Court on the Report of Magistrate Judge. [ECF No. 6]. The action was referred to Magistrate Judge Lisette M. Reid, pursuant to
28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 4]. On July 6, 2021, Judge Reid issued her report recommending that Plaintiff’s Complaint be dismissed pursuant to
28 U.S.C. § 1915(e)(2)(B). [ECF No. 6]. Plaintiff requested, and was granted, an extension of time until August 20, 2021, to file objections to the Report. [ECF Nos. 7, 8]. Plaintiff has failed to file any objections. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.
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 reviewed the Report and the record and finds no clear error with Judge Reid’s findings and recommendation. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Judge Reid’s Report, [ECF No. 6], is ADOPTED in FULL; (2) Plaintiff's Complaint is DISMISSED without prejudice and this case is CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 19th day of October, 2021.
of BLK UNITED STATES DI CT JUDGE
Reference
- Status
- Unknown