Wright v. Thomaslinson et al

Filing 8

ORDER adopting 7 REPORT AND RECOMMENDATION regarding 1 Complaint filed by Michael Paul Wright, 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Michael Paul Wright. This case is dismissed without prejudice. The Clerk of the Court is directed to enter judgment dismissing the case without prejudice, terminate any pending motions or deadlines as moot, and close this file. Signed by Judge Marcia Morales Howard on 2/12/2009. (JW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION MICHAEL PAUL WRIGHT, Plaintiff, vs. DETECTIVE THOMASLINSON, et al., Defendants. _____________________________________/ ORDER1 Case No. 3:08-cv-1194-J-34MCR THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 7; Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge, on January 16, 2009. In the Report, Magistrate Judge Richardson recommended that the Court deny Plaintiff's Motion to Proceed In Forma Pauperis and that the Complaint be dismissed without prejudice. See Report at 2. Plaintiff has failed to file objections to the Report, and the time for doing so has now passed. The Court "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). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); This is a "written opinion" under 205(a)(5) of the E-Government Act and therefore is available electronically. However, it has been entered only to decide the motions addressed herein and is not intended for official publication or to serve as precedent. 1 United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007). Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. The Magistrate Judge's Report and Recommendation (Dkt. No. 7) is ADOPTED as the opinion of the Court. 2. 3. 4. Plaintiff's Motion to Proceed In Forma Pauperis (Dkt. No. 2) is DENIED. This case is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is directed to enter judgment dismissing the case without prejudice, terminate any pending motions or deadlines as moot, and close this file. DONE AND ORDERED at Jacksonville, Florida, this 12th day of February, 2009. ja Copies to: Counsel of Record Pro Se Plaintiff -2-

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