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)

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.

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26th

day

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

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