Cribbs v. Sharrit
Filing
5
ORDER adopting 4 Report and Recommendation; denying 2 Motion to Proceed In Forma Pauperis; dismissing case without prejudice; directing the Clerk of the Court to close the file. Signed by Judge Marcia Morales Howard on 11/17/2021. (JW)
Case 3:21-cv-00889-MMH-MCR Document 5 Filed 11/17/21 Page 1 of 3 PageID 20
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JACQUELINE CRIBBS,
Plaintiff,
v.
Case No. 3:21-cv-889-MMH-MCR
STATE OF FLORIDA c/o
HONORABLE JUDGE
MICHAEL SHARRIT,
Defendant.
_____________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation
(Dkt. No. 4; Report), entered by the Honorable Monte C. Richardson, United
States Magistrate Judge, on October 27, 2021.
In the Report, Judge
Richardson recommends that Plaintiff’s Application to Proceed in District
Court Without Paying Fees or Costs (Dkt. No. 2; Motion) be denied and that
this case be dismissed without prejudice. See Report at 1, 7. 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 finding
or recommendations 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
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Case 3:21-cv-00889-MMH-MCR Document 5 Filed 11/17/21 Page 2 of 3 PageID 21
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 Report and Recommendation (Dkt. No. 4) is ADOPTED as the
opinion of the Court.
2. Plaintiff’s Application to Proceed in District Court Without Paying
Fees or Costs (Dkt. No. 2) is DENIED.
3. This case is DISMISSED without prejudice.
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Case 3:21-cv-00889-MMH-MCR Document 5 Filed 11/17/21 Page 3 of 3 PageID 22
4. The Clerk of Court is directed to terminate all pending motions and
deadlines as moot and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 17th day of
November, 2021.
ja
Copies to:
Counsel of Record
Pro Se Party
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