Banks
Filing
20
ORDER adopting 19 REPORT AND RECOMMENDATIONS re 5 MOTION for judgment filed by Eddie Alexander Banks. The Report and Recommendation 19 is ACCEPTED and ADOPTED and the findings incorporated herein.Petitioner Eddie Alexander Banks' Request for Entry 5 is DENIED. This case is DISMISSED without prejudice. Signed by Judge Sheri Polster Chappell on 6/19/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE:
EDDIE ALEXANDER BANKS
________________________________/
CASE NO: 2:16-mc-7-FtM-38CM
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Carol Mirando’s
Report and Recommendation.
(Doc. 19).
Judge Mirando recommends denying
Petitioner Eddie Alexander Banks’ Request for Entry (Doc. 5) and dismissing this matter
without prejudice. Banks has not objected to the Report and Recommendation, and the
time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
1
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not affect the opinion of the Court.
After examining the file carefully and independently, and upon considering Judge
Mirando’s findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 19) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Petitioner Eddie Alexander Banks’ Request for Entry (Doc. 5) is DENIED. This
case is DISMISSED without prejudice.
DONE and ORDERED in Fort Myers, Florida this 19th day of June, 2017.
Copies: All Parties of Record
2
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