Herbert v. United States of America et al

Filing 7

ORDER adopting 4 REPORT AND RECOMMENDATION regarding 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Susan Herbert, 1 Complaint filed by Susan Herbert. This case is dismissed without prejudice. The Clerk of the Court is directed to enter judgment dismissing the case, terminate any pending motions or deadlines as moot, and close this file. Signed by Judge Marcia Morales Howard on 1/20/2009. (JW)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION SUSAN HERBERT, Plaintiff, vs. UNITED STATES OF AMERICA, et al., Defendants. _____________________________________/ ORDER1 Case No. 3:08-cv-1201-J-34MCR

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 4;
Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge, on December 19, 2008. 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 3. On December 30, 2008, Plaintiff filed objections to the Report and Recommendation. See Objection to the Report and

Recommendation to Dismiss (Dkt. No. 5; Objections). 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

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

de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); 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 overrule the Objections and accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. Plaintiff's Objections to the Report and Recommendation, set forth in Objection

to the Report and Recommendation to Dismiss (Dkt. No. 5) are OVERRULED. 2. The Magistrate Judge's Report and Recommendation (Dkt. No. 4) is

ADOPTED as the opinion of the Court. 3. 4. 5. 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 20th day of January, 2009.

ja Copies to: Counsel of Record Pro Se Plaintiff

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