Monacelli v. Hodges University et al

Filing 10

OPINION AND ORDER adopting 8 Report and Recommendations and incorporating findings. The objections are overruled. Plaintiff's request to proceed in forma pauperis is denied and the case is dismissed without prejudice for failure to state a claim. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 5/11/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KATHALINA MONACELLI, Plaintiff, vs. HODGES UNIVERSITY; TAMARA KARWAT, TERRY Case No. MCMAHAN, 2:09-cv-123-FtM-29SPC

Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #8), filed April 23, 2009, recommending that plaintiff be denied in forma pauperis status and the case be dismissed for failure to state a claim. Plaintiff filed Written Objections (Doc. #9) on May 1, 2009. 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), A district judge "shall make portions of the report or

cert. denied, 459 U.S. 1112 (1983). a de novo determination of those

specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). This requires that the

district judge "give fresh consideration to those issues to which specific objection has been made by a party." Jeffrey S. v. State

Bd. of Educ., 896 F.2d 507, 512 (11th Cir. 1990)(quoting H.R. 1609,

94th

Cong.

§

2

(1976)).

Even

in

the

absence

of

specific

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., 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 leave granted to amend the complaint, the absence of an Amended Complaint, the Report and Recommendation, and plaintiff's Objections, the Court accepts the Report Recommendation objections. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #8) is hereby adopted The objections thereto are of the magistrate judge and overrules and the

and the findings incorporated herein. overruled.

2. Plaintiff's request to proceed in forma pauperis is DENIED and the case is dismissed without prejudice for failure to state a claim.

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3.

The Clerk shall enter judgment accordingly, terminate all

deadlines and motions as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this May, 2009. 11th day of

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

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