Farrell v. State of Florida Republicans et al

Filing 126

OPINION AND ORDER denying 91 motion to amend and add causes against Ocwen; overruling 97 Objection; striking 93 Response to Ocwen's Response in Opposition; adopting and incorporating 94 Report and Recommendation. Signed by Judge John E. Steele on 8/6/2014. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PATRICK LORNE FARRELL,
Plaintiff,
v.

Case No: 2:13-cv-140-FtM-29DNF

GMAC
MORTGAGE,
STATE
OF
FLORIDA,
BEARS-STEARNS,
IMPAC FUNDING, JOHN DOE, or
Jane Does, and OCWEN LOAN
SERVICING,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #94), filed
January 24, 2014, recommending that plaintiff's Motion to Amend
and Add Causes Against Ocwen (Doc. #91) be denied and the Response
to

Ocwen's

Response

in

Opposition

(Doc.

#93)

be

stricken.

Plaintiff filed an Objection to the Report and Recommendation (Doc.
#97) on February 18, 2014, pursuant to the Court’s Order (Doc.
#96) providing an extension of the deadline to file objections.
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.

28 U.S.C. §

636(b)(1); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir.
2010).

A district judge “shall make a de novo determination of

those portions of the report or specified proposed findings or
recommendations
636(b)(1)(C).

to

which

objection

is

made.”

28

U.S.C.

§

See also United States v. Farias-Gonzalez, 556 F.3d

1181, 1184 n.1 (11th Cir. 2009).

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. of Ga., 896 F.2d 507, 512 (11th Cir. 1990)(quoting H.R. 1609,
94th

Cong.,

§

2

(1976)).

The

district

judge

reviews

conclusions de novo, even in the absence of an objection.

legal
See

Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir.
1994).
After a careful and complete review of the record in this
case, the Court agrees with the Report and Recommendation of the
Magistrate Judge.

Plaintiff’s objection presents disagreement

with the findings of the Magistrate Judge, however the Court finds
the basis for the amendment is frivolous and will overrule the
objection.

The Court also agrees that the reply was filed without

leave of Court.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #94) is hereby adopted
and the findings incorporated.
2. Plaintiff's Objection to the Report and Recommendation
(Doc. #97) is overruled.

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3. Plaintiff's Motion to Amend and Add Causes Against Ocwen
(Doc. #91) is denied.
4. Plaintiff’s Response to Ocwen's Response in Opposition
(Doc. #93) is stricken.
DONE and ORDERED at Fort Myers, Florida, this
August, 2014.

Copies:
Hon. Douglas N. Frazier
All Parties of Record

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6th

day of