Clements v. The State of Florida, No. 2:2020cv00398 - Document 6 (M.D. Fla. 2021)

Court Description: OPINION AND ORDER adopting 5 Report and Recommendations; denying 2 Motion to Proceed In Forma Pauperis. The Clerk shall enter judgment dismissing the case without prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 7/8/2021. (RKR)

Download PDF
Clements v. The State of Florida Doc. 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LOUIS MATTHEW CLEMENTS, Plaintiff, v. Case No: 2:20-cv-398-JES-NPM THE STATE OF FLORIDA, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #5), filed June 16, 2021, recommending that plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. #2) be denied and the case be 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. 28 U.S.C. § Dockets.Justia.com 636(b)(1). 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) (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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #5) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. #2) 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 July, 2021. Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Unrepresented parties - 2 - 8th day of

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.