Baker v. City of Tavares, Florida et al

Filing 7

ORDER adopting 6 Report and Recommendation; denying 2 MOTION for leave to appeal in forma pauperis/affidavit of indigency filed by Adrian Justin Baker. 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 5/30/2012. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ADRIAN JUSTIN BAKER,
Plaintiff,
-vs-

Case No.: 5:12-cv-67-Oc-99MMH-TBS

CITY OF TAVARES, FLORIDA, et al.,
Defendants.
______________________________________
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 6;
Report), entered by the Honorable Thomas B. Smith, United States Magistrate Judge, on
April 30, 2012. In the Report, Magistrate Judge Smith recommends that Plaintiff’s Motion
for Leave to Proceed In Forma Pauperis (Dkt. No. 2) be denied and Plaintiff’s Complaint 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. 6) is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Dkt. No. 2) is

DENIED.
3.

Plaintiff’s Complaint (Dkt. No. 1) 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 in Chambers, this 30th day of May, 2012.

ja
Copies to:
The Honorable Thomas B. Smith
United States Magistrate Judge
Counsel of Record
Pro Se Parties