Rogero v. United States

Filing 9

ORDER adopting 8 Report and Recommendation; denying 3 Motion for Leave to Proceed in forma pauperis filed by Joseph Alan Rogero, 7 Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Joseph Alan Rogero. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 3/1/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JOSEPH ALAN ROGERO,
Plaintiff,
-vs-

Case No. 3:16-cv-1390-J-34JBT

UNITED STATES and JOE
BOATWRIGHT,
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
February 3, 2017. In the Report, Judge Toomey recommends that Plaintiff’s Applications
to Proceed in District Court Without Prepaying Fees or Costs, which the Court construes as
Motions for Leave to Proceed In Forma Pauperis (Dkt. Nos. 3 and 7), be denied, and that
this case be dismissed without prejudice. See Report at 1, 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. 8) is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Applications to Proceed in District Court Without Prepaying Fees or

Costs, which the Court construes as Motions for Leave to Proceed In Forma Pauperis (Dkt.
Nos. 3 and 7), are 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 1st day of March, 2017.

ja
Copies to:
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