GP v. Lee County School Board et al

Filing 97

ORDER adopting 96 REPORT AND RECOMMENDATIONS re 88 MOTION for Taxation of Costs filed by Lee County School Board. The Report and Recommendation (Doc. 96) is ACCEPTED and ADOPTED and the findings incorporated herein. Defendant Lee County School Board's Motion to Tax Costs 88 is GRANTED in part and DENIED in part. Defendant Lee County School Board is awarded $5,602.25 in costs. The Clerk of Court is DIRECTED to enter an Amended Judgment accordingly Signed by Judge Sheri Polster Chappell on 6/25/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GP, minor child by and through her
Mother, JP
Plaintiff,
v.

Case No: 2:15-cv-728-FtM-38CM

LEE COUNTY SCHOOL BOARD,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation (Doc. 96) on Defendant Lee County School
Board’s Motion to Tax Costs (Doc. 88). Judge Mirando recommends that the Motion to
Tax Costs be granted in part and denied in part. (Doc. 96). No party has objected to the
Report and Recommendation, and the period to do so has lapsed. This matter is ripe for
review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.

681 F.2d 732 (11th Cir. 1982).

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, 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and on consideration of
Judge Mirando’s findings and recommendation, the Court accepts the Report and
Recommendation. Defendant Lee County School Board shall be granted a total of
$5,602.25 in costs.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 96) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Defendant Lee County School Board’s Motion to Tax Costs (Doc. 88) is
GRANTED in part and DENIED in part. Defendant Lee County School Board
is awarded $5,602.25 in costs.
3. The Clerk of Court is DIRECTED to enter an Amended Judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 25th day of June 2018.

Copies: All Parties of Record

2