Valle v. Lee County Sheriff's Office et al
Filing
45
OPINION AND ORDER granting in part and denying in part 37 Motion for Leave to File Second Amended Complaint; adopting and incorporating 44 Report and Recommendations. Plaintiff may file a Second Amended Complaint within 14 days of this Opinion and Order as set forth in the Opinion and Order. Signed by Judge John E. Steele on 9/22/2015. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID JAIRO VALLE,
Plaintiff,
v.
Case No: 2:14-cv-626-FtM-29CM
GARYLEE MCDERMED and MIKE
SCOTT, as Sheriff of Lee
County, Florida,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #44), filed
September 2, 2015, recommending that plaintiff's Motion for Leave
to File Second Amended Complaint (Doc. #37) be granted in part and
denied in part as set forth therein.
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.
28 U.S.C. §
636(b)(1); 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.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#44)
is
hereby
adopted and the findings incorporated herein.
2.
Plaintiff's Motion for Leave to File Second Amended
Complaint (Doc. #37) is GRANTED in part and DENIED in part.
3.
Consistent with this Opinion and Order, and the findings
of the Report and Recommendation, plaintiff may file a Second
Amended Complaint within FOURTEEN (14) DAYS of this Opinion and
Order (Doc. #44) to add defendants Mike Tamulionis and Vincent
Amoroso (except as to the Fifth Amendment), and to drop defendant
- 2 -
Garylee McDermed.
Plaintiff may also replead Count VII to the
extent he wishes to assert an implementation claim.
DONE and ORDERED at Fort Myers, Florida, this
of September, 2015.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
22nd
day
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