Haywood v. Northeast Florida State Hospital et al
Filing
9
ORDER adopting 8 Report and Recommendation; denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Kinnard Haywood. This case is dismissed without prejudice, and the Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 11/2/2016. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
KINNARD HAYWOOD,
Plaintiff,
vs.
Case No. 3:16-cv-930-J-34JBT
NORTHEAST FLORIDA STATE
HOSPITAL, et al.,
Defendants.
_____________________________
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 8;
Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on
October 4, 2016. In the Report, Judge Toomey recommends that Plaintiff’s Affidavit of
Indigency (Dkt. No. 2), which the Court construes as a Motion to Proceed In Forma Pauperis,
be denied and that this case 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 fact 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 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. 8) is ADOPTED
as the opinion of the Court.
2.
Plaintiff’s Affidavit of Indigency (Dkt. No. 2), which the Court construes as a
Motion to Proceed In Forma Pauperis, is DENIED.
3.
This case is DISMISSED without prejudice.
4.
The Clerk of the Court is directed to terminate all pending motions and
deadlines as moot and close the file.
DONE AND ORDERED at Jacksonville, Florida, this 2nd day of November, 2016.
ja
Copies to:
Counsel of Record
Pro Se Party
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?