Lehman et al v. Hunter et al

Filing 58

OPINION AND ORDER granting in part and denying in part 56 Motion for taxation of costs; adopting and incorporating 57 Report and Recommendations. Defendants shall file a new Bill of Costs with the approved amount of $1,521.18 within 10 days of this Opinion and Order. Signed by Judge John E. Steele on 5/29/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KENNETH LEHMAN, SHELIA JOHNSON, Plaintiffs, vs. Case No. 2:08-cv-357-FtM-29DNF

DON HUNTER, Collier County Sheriff, in his individual and official capacity, JOSEPH ELLIS, Collier County Deputy, individually, BRIAN SAWYER, Collier County Deputy, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #57), filed April 7, 2009, recommending that defendants' Motion to Tax Costs (Doc. #56) be granted in part, $1,521.18 be taxed against

plaintiffs, and that defendants be required to file a Bill of Costs for the amount approved. time to do so has expired. 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. § No objections have been filed and the

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. 636(b)(1)(C). 28 U.S.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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #57) is hereby adopted and the findings incorporated herein. 2. Defendants Kevin Rambosk, as Sheriff of Collier County,

Joseph Ellis, and Brian Sawyer's Verified Motion to Tax Costs (Doc. #56) is GRANTED IN PART and costs are taxed in the amount of $1,521.18. 3. Defendants shall file a new Bill of Costs with the

approved amount within TEN (10) DAYS of this Order. DONE AND ORDERED at Fort Myers, Florida, this May, 2009. 29th day of

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Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties

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