Andrews v. Scott et al

Filing 174

ORDERED: The Report and Recommendation (Doc. 172) is ACCEPTED and ADOPTED and incorporated into this Order. Defendants' Motion to Tax Costs (Doc. 162) is GRANTED and DENIED in part. The Motion is GRANTED in part. Defendants Brandon Mar shall, Robert Kizzire, and Sheriff Carmine Marceno, in his official capacity as Lee County Sherriff, are AWARDED $40 for expert witness fees. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno. The Motion is DEN IED in part as to the request to tax mediation and appellate clerk fees. The balance of the Motion is DENIED without prejudice. While it appears they already did so, Marshall, Kizzire, and Marceno can renew the Motion on or before June 1, 2021. De fendants' Renewed Motion to Enter Judgment (Doc. 163) is GRANTED. Marshall, Kizzire, and Marceno are AWARDED $9,000 as costs of the previous action. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno. Signed by Judge Sheri Polster Chappell on 5/25/2021. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANITA ANDREWS,
Plaintiff,
v.

Case No: 2:16-cv-814-SPC-MRM

DEPUTY BRANDON
MARSHALL, SERGEANT
ROBERT KIZZIRE, CORIZON
HEALTH, INC. and CARMINE
MARCENO,
Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s
Report and Recommendation (“R&R”) (Doc. 172). Judge McCoy recommends
granting and denying in part Defendants’ Motion to Tax Costs (Doc. 162) and
granting Defendants’ Renewed Motion to Enter Judgment (Doc. 163). Neither
party timely objected, so the 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

Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using
hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties
or the services or products they provide, nor does it have any agreements with them. The
Court is also not responsible for a hyperlink’s availability and functionality, and a failed
hyperlink does not affect this Order.
1

judge’s R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 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 Cooper-Houston v. Southern Ry. Co.,
37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the
Court accepts and adopts the R&R (Doc. 172) in full.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 172) is ACCEPTED and
ADOPTED and incorporated into this Order.
(2) Defendants’ Motion to Tax Costs (Doc. 162) is GRANTED and
DENIED in part.
a. The Motion is GRANTED in part. Defendants Brandon
Marshall, Robert Kizzire, and Sheriff Carmine Marceno, in
his official capacity as Lee County Sherriff, are AWARDED
$40 for expert witness fees.

2

b. The Clerk is DIRECTED to enter judgment in favor of
Marshall, Kizzire, and Marceno.
c. The Motion is DENIED in part as to the request to tax
mediation and appellate clerk fees.
d. The balance of the Motion is DENIED without prejudice.
e. While it appears they already did so, Marshall, Kizzire, and
Marceno can renew the Motion on or before June 1, 2021.
(3) Defendants’ Renewed Motion to Enter Judgment (Doc. 163) is
GRANTED.
a. Marshall, Kizzire, and Marceno are AWARDED $9,000 as
costs of the previous action.
b. The Clerk is DIRECTED to enter judgment in favor of
Marshall, Kizzire, and Marceno.
DONE and ORDERED in Fort Myers, Florida on May 25, 2021.

Copies: All Parties of Record

3