Farrell v. State of Florida Republicans et al

Filing 74

OPINION AND ORDER denying 44 motion to add defendant and cause of action; adopting and incorporating 55 Report and Recommendations. Signed by Judge John E. Steele on 8/19/2013. (RKR)

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

Case No.

2:13-cv-140-FtM-29DNF

STATE OF FLORIDA REPUBLICANS, RICK
SCOTT, Governor, PAM BONDI, Attorney
General, JOHN STUMPF, Wells Fargo
CEO, Brian Moynihan, BOA CEO, THOMAS
MARANO, GMACM CEO, COUNTRYWIDE HOME
LOANS,
COUNTRYWIDE
FINANCIAL,
RICHARD J.
JOHNSON, JOSEPH
R.
TOMKINSON, WILLIAM ERBEY, OCWEN CEO,
OCWEN LOAN
SERVICING, BANK
OF
AMERICA, IMPAC SECURED ASSETS, IMPAC
FUNDING CORP., GMACM, WELLS FARGO
BANK, LEE COUNTY SHERIFF, STATE
ATTORNEY, 20th Circuit, CIRCUIT
JUDGES OF THE 20TH CIRCUIT,
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #55), filed July
9, 2013, recommending that plaintiff’s Motion to Add Defendant and
Cause of Action (Doc. #44) be denied.

No objections have been

filed and the 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. §

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

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

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

novo, even in the absence of an objection.

See Cooper-Houston v.

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 that
the requested amendment would be futile.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#55)

is hereby

adopted and the findings incorporated herein.
2.

Plaintiff’s Motion to Add Defendant and Cause of Action

(Doc. #44) is denied.
DONE AND ORDERED at Fort Myers, Florida, this
August, 2013.

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19th

day of

Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Parties of Record

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