FURLOW v. MOSONIC

Filing 4

ORDER OF DISMISSAL - The 2 Report and Recommendation is ACCEPTED and adopted as the court's opinion. The clerk must enter judgment stating, "This case is DISMISSED without prejudice." Signed by JUDGE ROBERT L HINKLE on 11/3/2013. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

DOCTOR ELGINE WILSON FURLOW,
Plaintiff,
v.

CASE NO. 4:13cv491-RH/CAS

THE MOSONIC et al.,
Defendants.
_____________________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 2. No objections have been filed. The report and
recommendation correctly concludes that the complaint should be dismissed
because the plaintiff did not pay the filing fee or move for leave to proceed in
forma pauperis.
The report and recommendation also correctly concludes that even if not
subject to dismissal on this basis, the complaint would properly be dismissed as
frivolous. A plaintiff may be entitled to notice and an opportunity to be heard prior
to a dismissal on the court’s own motion on this ground. See, e.g., Am. United Life

Case No. 4:13cv491-RH/CAS

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Ins. Co. v. Martinez, 480 F.3d 1043, 1069 (11th Cir. 2007); Danow v. Borack, 197
F. App’x 853, 856, 2006 WL 2671928, at *3 (11th Cir. 2006) (unpublished); see
also Jefferson Fourteenth Associates v. Wometco de Puerto Rico, Inc., 695 F.2d
524 (11th Cir. 1983). Here the report and recommendation gave the plaintiff
adequate notice, and he had an opportunity to respond by filing objections.
Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court’s
opinion. The clerk must enter judgment stating, “This case is DISMISSED
without prejudice.” The clerk must close the file.
SO ORDERED on November 3, 2013.
s/Robert L. Hinkle
United States District Judge

Case No. 4:13cv491-RH/CAS