Spiker v. Spiker

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

ROBERT E. SPIKER,

Plaintiff, Case No. 3:19-cv-1165-J-34JBT vs.

LANCE E. SPIKER,

Defendant. /

ORDER THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 13; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on January 15, 2020. In the Report, Judge Toomey recommends that Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. No. 2; Motion) be denied, and that this case be dismissed without prejudice. See Report at 1, 3. Plaintiff has failed to file objections to the Report, and the time for doing so has passed. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections to findings of fact are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14, 2007). Upon independent review of the file and for the reasons stated in the Magistrate Judge’s Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Dkt. No. 13) is ADOPTED as the opinion of the Court. 2. Plaintiff's Motion to Proceed /n Forma Pauperis (Dkt. No. 2) is DENIED. 3. This case is DISMISSED without prejudice. 4. The Clerk of the Court is directed to terminate all pending motions and deadlines as moot and close the file. DONE AND ORDERED in Jacksonville, Florida this 4th day of February, 2020.

United States District Judge

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