Teeters v. Commissioner of Social Security

Filing 13

OPINION AND ORDER denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency; adopting and incorporating 12 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice for failure to prosecute, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 5/26/2017. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DAVID E. TEETERS, Plaintiff, v. Case No: 2:17-cv-163-FtM-99MRM COMMISSIONER SECURITY, OF SOCIAL Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #12), filed May 8, 2017, recommending that plaintiff's Motion to Proceed In Forma Pauperis (Doc. #2) be denied, and the case 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. 28 U.S.C. § 636(b)(1). 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 conducting an independent examination of the file 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. #12) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Motion to Proceed In Forma Pauperis (Doc. #2) is DENIED. 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 of May, 2017. - 2 - 26th day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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