Grills v. The State of Florida
ORDER adopting 12 REPORT AND RECOMMENDATIONS re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Robert Joseph Grills, Jr., 1 Complaint filed by Robert Joseph Grills, Jr.United States Magistrate Judge Ni cholas P. Mizell's Report and Recommendation (R&R) (Doc. 12) is ACCEPTED and ADOPTED.Plaintiff Robert Joseph Grills, Jr.'s Complaint (Doc. 1) is DISMISSED. The Clerk is directed to enter judgment, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 10/7/2019. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT JOSEPH GRILLS, JR. ,
Case No.: 2:19-cv-460-FtM-38NPM
THE STATE OF FLORIDA,
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and
Recommendation (R&R) (Doc. 12), recommending that the Court dismiss Plaintiff Robert
Joseph Grills, Jr.’s Complaint (Doc. 1). No party has objected to the R&R, and the period
to do so has lapsed. This matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate judge’s
report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732
(11th Cir. 1982). In the absence of specific objections, there is no requirement that a
district judge review factual findings de novo, and the court may accept, reject or modify
the findings in whole or in part. 28 U.S.C. § 636(b)(1); Garvey v. Vaughn, 993 F.2d 776,
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779 n.9 (11th Cir. 1993). The district judge reviews legal conclusions de novo, even in
the absence of an objection. Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994).
When Grills filed this case, he also filed an Affidavit of Indigency, seeking to
proceed in forma pauperis. (Doc. 2). Judge Mizell reviewed the Complaint under 28
U.S.C. § 1915(e)(2)(B) and found that it did not comply with Federal Rule of Civil
Procedure 8, even under the less stringent standard applied to pro se litigants. (Doc. 8).
Judge Mizell gave Grills until August 8, 2019, to file an amended complaint. When Grills
missed the deadline, Judge Mizell ordered him to show cause why his Complaint should
not be dismissed by August 23, 2019. (Doc. 10). Delivery of that order was delayed, so
Judge Mizell extended the deadline to September 17, 2019. (Doc. 11). Grills has not
filed an amended complaint or otherwise responded to Judge Mizell’s orders. Judge
Mizell finds bad faith in Grills’ noncompliance and recommends that the Court dismiss his
After conducting an independent examination of the file and on consideration of
Judge Mizell’s findings and recommendations, the Court accepts and adopts the R&R.
Accordingly, it is now
Recommendation (R&R) (Doc. 12) is ACCEPTED and ADOPTED.
(2) Plaintiff Robert Joseph Grills, Jr.’s Complaint (Doc. 1) is DISMISSED.
(3) The Clerk is directed to enter judgment, terminate all pending motions and
deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 7th day of October, 2019.
Copies: All Parties of Record
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