ROLLE v. KIRWIN et al

Filing 13

ORDER OF DISMISSAL re: The report and recommendation is ACCEPTED and adopted as the courts opinion. The clerk must enter judgment stating, The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B). The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 5/16/2015. (dac)

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

RANDALL LAMONT ROLLE,
Plaintiff,
v.

CASE NO. 4:14cv672-RH/GRJ

KATHLEEN KIRWIN et al.,
Defendants.
_________________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 11, and the objections, ECF No. 12. I have reviewed
de novo the issues raised by the objections.
The recommendation is that the case be dismissed. A plaintiff may be
entitled to notice and an opportunity to be heard prior to a dismissal on the court’s
own motion in circumstances like these. See, e.g., Am. United Life 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853, 856, 2006 WL 2671928, at *3 (11th Cir. 2006) (unpublished); see also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

Case No. 4:14cv672-RH/GRJ

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(11th Cir. 1983). Here the report and recommendation gave the plaintiff adequate
notice, and he had an opportunity to respond—and did 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, “The complaint is dismissed under
28 U.S.C. § 1915(e)(2)(B).” The clerk must close the file.
SO ORDERED on May 16, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 4:14cv672-RH/GRJ