Welch v. Broward State Attorney ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 19-cv-63056-BLOOM/Reid JAMES WELCH, a/k/a JAMES WEST, Plaintiff, v. BROWARD STATE ATTORNEY, Defendant. ______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon Plaintiff James Welch’s (“Plaintiff”) pro se Complaint, filed pursuant to 42 U.S.C. § 1983. ECF No. [1]. On December 11, 2019, the Complaint was referred to the Honorable Lisette M. Reid for a ruling on all pre-trial, non- dispositive matters and for a Report and Recommendation (“R&R”) on any dispositive matters. ECF No. [2]. On December 12, 2019, Judge Reid ordered Plaintiff to file an amended complaint by January 3, 2020. ECF No. [3]. Rather than filing an amended complaint, on December 26, 2019, Plaintiff filed a document titled “Plaintiff Amended Pleading” in which he requested that his case be dismissed without prejudice. ECF No. [4]. On January 13, 2020, Jude Reid issued a R&R recommending that the Complaint, ECF No. [1], be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). ECF No. [5]. The R&R advised the parties that they had fourteen days from the receipt of the R&R to file any written objections. Id. Nonetheless, because Plaintiff requested that the case be dismissed, the Court addresses the R&R before the time to file objections has expired. Case No. 19-cv-63056-BLOOM/Reid The Court has conducted a de novo review of the R&R and the record and is otherwise fully advised. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Reid’s R&R to be correct. The Court agrees with the analysis in the R&R and concludes that Plaintiff's Complaint, ECF No. [1], should be dismissed without prejudice as a result of Plaintiff's request and pursuant to Fed. R. Civ. P. 41(a)(1)(A)Q@). For the foregoing reasons, it is ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [5], is ADOPTED; 2. The Complaint, ECF No. [1], is DISMISSED WITHOUT PREJUDICE; 3. The Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, this 14th day of January, 2020. BETH BLOOM UNITED STATES DISTRICT JUDGE Copies furnished to: Counsel of record James Welch 193791 Hardee Correctional Institution Inmate Mail/Parcels 6901 State Road 62 Bowling Green, FL 33834