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)

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:
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