Jones v. Bank of America et al, No. 2:2016cv00597 - Document 7 (M.D. Fla. 2016)
Court Description: OPINION AND ORDER adopting 6 Report and Recommendations; denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency. The Clerk shall enter judgment dismissing the case without prejudice and close the file. Signed by Judge John E. Steele on 10/21/2016. (RKR)
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Jones v. Bank of America et al Doc. 7 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DONALD JONES, Plaintiff, v. Case No: 2:16-cv-597-FtM-99MRM BANK OF AMERICA and STATE OF FLORIDA, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #6), filed October 3, 2016, recommending that the Affidavit of Indigency, construed as a motion to proceed in forma pauperis, be denied and the case dismissed. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the 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 Dockets.Justia.com 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) (Table). 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 that the case should be dismissed for failure to prosecute, and for failure to comply with the Court’s orders. Although not specified, the dismissal will be without prejudice. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #6) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Affidavit of Indigency (Doc. #2), construed as a motion to proceed in forma pauperis, is DENIED. 3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this of October, 2016. - 2 - 21st day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -
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