v. McMahon et al

Filing 24

ORDER adopting as modified 15 Report and Recommendations; terminating 16 Motion for preliminary injunction; terminating 18 Motion to dismiss; terminating 23 Motion for sanctions; denying 2 Motion for leave to proceed in forma pauperis. The case is dismissed without prejudice. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 2/7/2008. (RKM)

Daniel McMahon v. Naples, HMA, et al.

Doc. 24

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DANIEL W. MCMAHON, Plaintiff, vs. NAPLES HMA; HEALTH ASSOCIATES INC. (HMA), Case No. MANAGEMENT 2:07-cv-737-FtM-29SPC

Defendants. ______________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #15), filed December 26, 2007, recommending that plaintiff's Application to Proceed Without Prepayment of Fees (Doc. #2) be denied and the case be dismissed with prejudice. On January 23, 2008, plaintiff filed

a Response (Doc. #22) essentially conceding the need to dismiss the case in favor of removing a pending state case. 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), In the absence of specific

cert. denied, 459 U.S. 1112 (1983).

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)(C).

The district judge reviews legal conclusions de See Cooper-Houston v.

novo, even in the absence of an objection.

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 to the extent that the case will be dismissed, however, the case will be dismissed without prejudice. Accordingly, it is now ORDERED: 1. modified. 2. Plaintiff's Application to Proceed Without Prepayment of The Report and Recommendation is hereby adopted as

Fees (Doc. #2) is DENIED. 3. The case is dismissed without prejudice. The Clerk shall

enter judgment accordingly, terminate all pending motions and deadlines as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this February, 2008. 7th day of

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Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties

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