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)

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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. - 2 - 6th day of Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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