Wright v. Miranda et al

Filing 12

ORDER adopting 8 Report and Recommendations; dismissing 1 Complaint with prejudice. Closing Case. Signed by Judge Darrin P. Gayles on 10/12/2016. (zvr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-cv-22764-GAYLES/WHITE WALTER LEE WRIGHT, Plaintiff, v. CRISTINA MIRANDA; MAUREEN TULLOCH; and JOHN/JANE DOE, Clerk of Court, Eleventh Judicial Circuit, Defendants. / ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE comes before the Court on Magistrate Judge Patrick A. White’s Report of Magistrate Judge (the “Report”) [ECF No. 8], entered on August 16, 2016. Plaintiff Walter Lee Wright, proceeding pro se, filed a Complaint in this Court against Defendants Cristina Miranda, Circuit Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, who presided over the Plaintiff’s criminal proceedings in the Circuit Court; Maureen Tulloch, Deputy Clerk of the Eleventh Judicial Circuit; and the Clerk of Court of the Eleventh Judicial Circuit [ECF No. 1]. The matter was referred to Judge White, pursuant to Administrative Order 2003-19 of this Court, for a ruling on all pretrial, nondispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 3]. Judge White’s Report recommends that the Complaint be dismissed, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief can be granted. The Plaintiff timely filed objections to the Report [ECF No. 11] (“Objections”). A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). The Court has undertaken a de novo review of the Report, the Objections, and the record in this case and agrees with the well-reasoned analysis and recommendations contained in the Report. Accordingly, it is ORDERED AND ADJUDGED that the Report of Magistrate Judge [ECF No. 8] is AFFIRMED AND ADOPTED and incorporated into this Order by reference. The Plaintiff’s Complaint [ECF No. 1] is DISMISSED WITH PREJUDICE. This case is CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 12th day of October, 2016. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE

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