DELP
v.
MIDLAND MORTGAGE

M.D. Fla. | 2022-09-14
No. 2:21-cv-953
District Court, M.D. Florida (2022)

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to proceed in forma pauperis and dismissing the case without prejudice.


Facts & Procedural History

Plaintiff filed a complaint and a motion to proceed in forma pauperis. The Magistrate Judge recommended dismissing the complaint without prejudice and…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

Defendant. /

ORDER1

Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”) (Doc. 6). Judge Mizell recommends dismissing the complaint without prejudice, denying the motion to proceed in forma pauperis, and closing the case. Plaintiff did not timely object to the R&R. So the R&R is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993).

Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full. Accordingly, it is now

ORDERED: 1. United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (Doc. 6) is ACCEPTED and ADOPTED and the findings incorporated herein.

2. Plaintiff’s Motions to Proceed in forma pauperis (Docs. 2; 3) are

DENIED.

3. This action is DISMISSED without prejudice.

4. The Clerk is DIRECTED to enter judgment, deny any pending

motions as moot, terminate all deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on September 14, 2022.

ites POLSTER atta

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. Instead, when parties don’t object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing

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