Wooden v. Rier

Filing 16

ORDER Adopting 13 Report and Recommendations. Closing Case. Signed by Judge Darrin P. Gayles (hs01) 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.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-24622-CIV-GAYLES/WHITE

GREGORY WOODEN,
Plaintiff,
v.
ANDREW F. RIER,
Defendant.
/

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 (“Report”) [ECF No. 13]. On November 4, 2016, Plaintiff filed a civil rights
complaint pursuant to 42 U.S.C. §1983 [ECF No. 1] (the “Complaint”). The matter was referred to
Judge White, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this
Court, for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation
on any dispositive matters. [ECF No. 3]. Judge White’s Report recommends that the petition be
dismissed for failure to state a claim and as frivolous. Petitioner has filed timely objections to the
Report [ECF No. 15].
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). Any portions of the report and recommendation to which no specific objection
is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters,

L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x
781, 784 (11th Cir. 2006).
The Court, having conducted a de novo review of the record, agrees with Judge White’s
well-reasoned analysis and recommendations. Accordingly, it is
ORDERED AND ADJUDGED as follows:
(1)

Judge White’s Report and Recommendation [ECF No. 13] is AFFIRMED AND
ADOPTED and incorporated into this Order by reference;

(2)

This action [ECF No. 1] is DISMISSED for failure to state a claim and as frivolous; and

(3)

this case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, this 31st day of December, 2016.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

2