Daawuud El Amen Ra Bey v. Zurich North America et al

Filing 4

ORDER ADOPTING 3 the Report and Recommendations recommending that 2 Plaintiff's Motion to Proceed in Forma Pauperis be denied and that this matter be dismissed without prejudice. Signed by Judge Mary S. Scriven on 10/4/2011. (ABG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

NOBLE SHEKEM DAAWUUD EL
AMEN RA BEY,
Plaintiff,
v.

Case No.: 6:11-cv-1180-Orl-35DAB

ZURICH NORTH AMERICA, ET AL.,
Defendants.
_________________________________/

ORDER

THIS CAUSE comes before the Court for consideration of Plaintiff’s Motion to
Proceed in Forma Pauperis (Dkt. 2). On August 23, 2011, United States Magistrate
Judge David A. Baker issued a Report and Recommendation (Dkt. 3) recommending
that the Motion be denied and that the complaint be dismissed. Neither party filed an
objection, and the deadline to do so has expired.
After conducting a careful and complete review of

the findings and

recommendations, a district judge may accept, reject or modify the magistrate judge's
report and recommendation. 28 U.S.C. § 636(b) (1); Williams v. Wainwright, 681 F.2d
732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).

A district judge “shall

make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636(b) (1) (C).
This requires that the district judge “give fresh consideration to those issues to which

specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d
507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). In the absence of
specific objections, there is no requirement that a district judge review factual findings de
novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may
accept, reject, or modify, in whole or in part, the findings and recommendations. 28
U.S.C. § 636(b) (1) (C). The district judge reviews legal conclusions de novo, even in the
absence of an objection. See Cooper-Houston v. Southern Ry., 37 F.3d 603, 604 (11th
Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an
independent examination of the file, the Court ORDERS that
1.

The Report and Recommendation is CONFIRMED and ADOPTED as part
of this Order;

2.

Plaintiffs Motion to Proceed in Forma Pauperis (Dkt. 2) is DENIED;

3.

The Complaint (Dkt.1) is DISMISSED without Prejudice.

4.

Plaintiff shall have fourteen (14) days within which to file an amended
complaint that cures the deficiencies identified in the Report and
Recommendation. Failure to do so will result in dismissal of this action with
prejudice without further notice.

DONE and ORDERED in Orlando, Florida, this 4th day of September 2011.

Copies furnished to:
Counsel of Record
Unrepresented Parties