Daryl Sharp v. Archbishop

U.S. Court of Appeals for the Eleventh Circuit

Daryl Sharp v. Archbishop

Opinion

USCA11 Case: 23-13596 Document: 37-1 Date Filed: 11/01/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13596 Non-Argument Calendar ____________________

DARYL SHARP, Ambassador & Representative of The Living God Jehovah, Plaintiff-Appellant, versus ARCHBISHOP TIMOTHY DOLAN,

Defendant-Appellee.

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Appeal from the United States District Court for the Middle District of Florida USCA11 Case: 23-13596 Document: 37-1 Date Filed: 11/01/2024 Page: 2 of 2

2 Opinion of the Court 23-13596

D.C. Docket No. 8:23-cv-01978-SDM-UAM ____________________

Before WILLIAM PRYOR, Chief Judge, and ROSENBAUM and ABUDU, Circuit Judges. PER CURIAM: Daryl Sharp appeals pro se the sua sponte dismissal of his com- plaint with prejudice as frivolous. 28 U.S.C. § 1915(e). We affirm. Sharp waived his right to appeal by failing to object to the report and recommendation adopted by the district court. See Har- rigan v. Metro Dade Police Dep’t Station #4, 977 F.3d 1185, 1191–92 (11th Cir. 2020). The report and recommendation warned Sharp that he had 14 days to object and that his failure to do so waived any right to challenge the adoption of the recommendation on ap- peal. Although we may review for “plain error if necessary in the interests of justice,” 11th Cir. R. 3-1, Sharp does not ask us to do so or even acknowledge the report and recommendation in his brief, so he has abandoned this argument. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). Nor did the district court err in refusing to allow Sharp leave to amend his shotgun pleading against Arch- bishop Dolan and officials of the Catholic Church in the light of his history of filing frivolous and previously dismissed complaints against them. We AFFIRM the dismissal of Sharp’s complaint.

Reference

Status
Unpublished