Clime v. GEICO et al, No. 2:2015cv00443 - Document 30 (M.D. Fla. 2015)

Court Description: OPINION AND ORDER adopting 26 Report and Recommendation re: 1 Complaint. The Complaint is dismissed without prejudice. The Clerk shall enter judgment dismissing the case, terminate all pending motions and deadlines, and close the file. See Opinion and Order for details. Signed by Judge John E. Steele on 12/18/2015. (MAW)

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Clime v. GEICO et al Doc. 30 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MIGUEL A CLIME, Plaintiff, v. Case No: 2:15-cv-443-FtM-29CM GEICO, NISSAN MOTOR ACCEPTANCE CORPORATION, CHAYAN BROTHERS & SALVAGE AUT LLC, NISSAN, GEICO INSURED RECOVERY COMPANY, BROOCK BALWING, JULIA LAMPAZONE, NINA URIBE, JAICOT RAMOS, SONIA CRUZ, JIMENEZ ELVING, EDWING SEPULVEDA, RAMON LOPES, RAQUEL VAQUEZ, OMAYRA BERBERENA, LUIS TINEO, ELSA CRUZ RODRIGUEZ, LEADRO RODRIGUEZ, ADULO CRECO, FNU ROBERTO, OMAR DALTRY, URIBE NASARIO, and SATURNINO PEREZ, Defendants. OPINION AND ORDER This matter is before the Court on consideration of Magistrate Judge Carol Mirando’s Report and Recommendation (Doc. #26), filed November 30, 2015, recommending that that Plaintiff's Complaint (Doc. #1) be dismissed. No objections have been filed and the time to do so has expired.1 1 Plaintiff filed three documents (Docs. ##27-29) after the entry of the Report and Recommendation. To the extent these documents are intelligible, they do not reference the Report and Recommendation or take issue with any conclusion therein. Dockets.Justia.com After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify a magistrate judge’s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). 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. 636(b)(1)(C). 28 U.S.C. § The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994). On October 6, 2015, the Magistrate Judge entered an Order (Doc. #14) denying Plaintiff’s Motion for Leave to Proceed in Forma Pauperis. In that Order, the Magistrate Judge concluded that Plaintiff’s Complaint was “completely unintelligible,” thereby making is actually claiming that each Defendant did to cause him injury.” (Id. at 5.) it “impossible to discern what Plaintiff Accordingly, the Magistrate Judge ordered Plaintiff to file an amended complaint and an affidavit of indigency (or pay the required filing fee), directed him to the portion of the Court’s website designed to assist pro se litigants in drafting complaints, - 2 - and warned Plaintiff that failure to file an amended complaint would result in dismissal of his case. (Id. at pp. 7-8.) Plaintiff did not comply with the Magistrate Judge’s Order. Plaintiff has not paid the filing fee or filed an affidavit of indigency, nor has he filed an amended complaint. Instead, Plaintiff opted to file a series of motions in which he simply reiterated the disjointed contained in the Complaint. and incomprehensible allegations As a result, the Magistrate Judge concluded that the Complaint must be dismissed because, even construed liberally, it fails to state a claim and Plaintiff has refused to cure these deficiencies as ordered by the Court. See Birdette v. Saxon Mortg, 502 F. App’x. 839, 840 (11th Cir. 2012). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge. The Court agrees with the Magistrate Judge that the Complaint fails to state a claim, and Plaintiff’s continued failure to abide by the Magistrate Judge’s Order renders his Complaint subject to dismissal. Id. Additionally, given the incomprehensible nature of the Complaint and Plaintiff’s other filings, the Court concludes that further amendment would be futile. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. adopted and the findings incorporated herein. - 3 - #26) is hereby 2. Plaintiff's Complaint (Doc. #1) is DISMISSED WITHOUT PREJUDICE. 3. The Clerk shall enter judgment dismissing the case, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this of December, 2015. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 4 - 18th day

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