Pullins v. Britton et al

Filing 11

ORDER overruling 10 Plaintiff's Objections; adopting 9 Report and Recommendation; denying 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by John F. Pullins. This case is dismissed without prejudice. The Clerk of the Court is directed to enter judgment and close the file. Signed by Judge Marcia Morales Howard on 1/3/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JOHN F. PULLINS,
Plaintiff,
vs.

Case No. 3:12-cv-986-J-34JRK

CYNTHIA D. BRITTON, an individual, et al.,
Defendants.
__________________________________/
ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 9;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
December 11, 2012.

In the Report, Magistrate Judge Klindt recommends that the

Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Dkt.
No. 2), which the Court construes as a Motion to Proceed In Forma Pauperis, be denied,
that this matter be dismissed without prejudice, and that the Clerk of the Court be directed
to close the file. See Report at 5. On December 28, 2012, Plaintiff filed his Objections to
Report and Recommendation (Dkt. No. 10; 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
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 Report and Recommendation (Dkt. No. 10) are

OVERRULED.
2.

The Magistrate Judge’s Report and Recommendation (Dkt. No. 9) is

ADOPTED.
3.

The Application to Proceed in District Court Without Prepaying Fees or Costs

(Long Form) (Dkt. No. 2), which the Court construes as a Motion to Proceed In Forma
Pauperis, is DENIED.
4.

This case is DISMISSED without prejudice pursuant to 28 U.S.C. §

1915(e)(2)(B).
5.

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.
DONE AND ORDERED at Jacksonville, Florida, this 3rd day of January, 2013.

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ja
Copies to:
Counsel of Record
Pro Se Plaintiff

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