Carter v. Corbett Woods et al

Filing 16

ORDER adopting 15 Report and Recommendation; denying 2 Plaintiff's Affidavit of Indigency, construed as a Motion to Proceed In Forma Pauperis; denying 6 , 7 , 9 , 10 , and 11 Plaintiff's remaining motions and petitions. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 2/7/2017. (JW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES EMORY CARTER, Plaintiff, -vs- Case No. 3:16-cv-1162-J-34JRK DOREAH CORBETT WOODS, et al., Defendants. _________________________________/ ORDER THIS CAUSE is before the Court on the Amended Report and Recommendation (Dkt. No. 15; Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on January 12, 2017. In the Report, Magistrate Judge Klindt recommends that Plaintiff’s Affidavit of Indigency (Dkt. No. 2), construed as a Motion to Proceed In Forma Pauperis, be denied, that all other remaining motions and petitions be denied, and that this case be dismissed without prejudice. See Report at 6. 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. 15) is ADOPTED as the opinion of the Court. 2. Plaintiff’s Affidavit of Indigency (Dkt. No. 2), construed as a Motion to Proceed In Forma Pauperis, is DENIED. 3. All other remaining motions and petitions (Dkt. Nos. 6, 7, 9, 10, and 11) are DENIED. 4. This case is DISMISSED without prejudice. 5. The Clerk of the Court is directed to close the file. DONE AND ORDERED at Jacksonville, Florida, this 7th day of February, 2017. ja Copies to: Counsel of Record Pro Se Party

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