CECILIA ALTONAGA, District Judge
THIS CAUSE came before the Court on Magistrate Judge Patrick A. White's Report and Recommendation, issued on July 11, 2005 [D.E. 27]. Plaintiff, Biven Hudson, Jr., filed a prose civil rights complaint pursuant to 42 U.S.C. § 1983 for monetary damages and other relief [D.E. 1]. Magistrate Judge White recommends that: 1) Defendant, D. Nye's Motion to Dismiss [D.E. 18], treated as a motion for summary judgment, be granted, as to all claims against him; 2) Defendants, "John Doe Sergeant" and "John Doe K-9 Officers," be dismissed, sua sponte, as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and pursuant to Miller v. Woodham, No. 05-12425, 2006 WL 955748 at *1 (11th Cir. Apr. 12, 2006); Wayne v. Jarvis, 197 F.3d 1098 (11th Cir. 1999); and Moreland v. Wharton, 899 F.2d 1168 (11th Cir. 1990); and 3) if Plaintiff has not provided a full name and cullent address, and if possible, title and badge number for the Defendant, Miami-Dade County Police Officer Hernandez, within 45 days of the entry of the July 11, 2006 Report of Magistrate Judge, the Complaint against Defendant Hernandez should be dismissed pursuant to Fed.R.Civ.P. 4(m), and this case be closed.
Plaintiff filed Objections to the Magistrate Judge's Report on July 26, 2006 [D.E. 28]. In his Objections, Plaintiff concedes that Defendant, D. Nye, is entitled to the entry of summary judgment. He also provides sufficient identifying information to effectuate service of process on Defendant, Miami-Dade County Police Officer Hernandez. While Plaintiff contests dismissal of Defendants, "John Doe Sergeant" and "John Doe K-9 Officers," he does not controvert the Magistrate Judge's legal analysis.
Magistrate Judge White found:
It is apparent from the face of the pleadings in this case, that as to the defendants Doe, the four year period of limitations expired on the very day that the complaint was received by the Clerk of Court. . . . The plaintiff, rather than waiting until the last days of the four year period of limitations to file his complaint, could have filed his pleading . . . earlier, but did not. If he had done so, he might have had adequate time to discover the names of the defendants Doe. That, however, did not happen in this case.
[D.E. 27 at 6]. As the Magistrate Judge found, Wayne directly controls the outcome here.
In this case, Wayne's problem was not that he drafted his complaint without a lawyer, but that he drafted and filed it close to the expiration of the statute of limitations and thereby waited too long before setting about to find crucial information he needed to make his claim against the deputies. Wayne bears the consequences of his own delay. Had he filed earlier, he could have learned the deputy sheriffs' identities in time to amend his complaint before the statute of limitations ran.
Wayne, 197 F.3d at 1104.
The Court has considered de novo Mr. Hudson's Complaint, Magistrate Judge White's Report and Recommendation and Mr. Hudson's Objections. Upon independent review of the file, it is
ORDERED AND ADJUDGED that Magistrate Judge White's July 11, 2006 Report and Recommendation [D.E. 27] is AFFIRMED AND ADOPTED as follows:
(1) Defendant, D. Nye's Motion to Dismiss [D.E. 181, treated as a motion for summary judgment, is GRANTED. Plaintiff's Compliant [D.E. 1] is DISMISSED as to Defendant, D. Nye.
(2) Plaintiffs Complaint [D.E. I] is DISMISSED as to Defendants, "John Doe Sergeant" and "John Doe K-9 Officers," pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
(3) In light of the identifying information provided in Plaintiffs Objections, the Magistrate Judge shall expeditiously order service of process on Defendant, Miami-Dade County Police Officer Hernandez.
DONE AND ORDERED.