Richard of the Family Albright v. Department of Revenue of the State of Florida

Filing 7

OPINION AND ORDER adopting 6 Report and Recommendations; denying as moot 2 Motion for leave to proceed in forma pauperis/affidavit of indigency. The Clerk shall enter judgment dismissing the case without prejudice for failure to prosecute, and close the file. Signed by Judge John E. Steele on 6/6/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICHARD
OF
THE
ALBRIGHT,
(Man)
party,

FAMILY
injured

Plaintiff,
v.

Case No: 2:16-cv-828-FtM-29MRM

DEPARTMENT OF REVENUE OF THE
STATE OF FLORIDA, 42 U.S.C.
654(3) IV-D agency and the
45 CFR 302.34 contractors
thereof offenders,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #6), filed May
15, 2017, recommending that plaintiff's Demand for Dismissal for
Lack of IV-D Jurisdiction (Doc. #1) be dismissed for failure to
prosecute.

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.
636(b)(1);

28 U.S.C. §

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.
636(b)(1).

28 U.S.C. §

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 (11th 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 noting that plaintiff failed to comply with orders to
amend, 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.

#6)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiff's Affidavit of Indigency (Doc. #2) is DENIED

as moot.
3.

The

Clerk

shall

enter

judgment

dismissing

the

case

without prejudice for failure to prosecute, terminate all pending
motions and deadlines, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
June, 2017.

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6th

day of

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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