Andrews v. Scott et al

Filing 180

ORDERED: The Report and Recommendation (Doc. 179) is ACCEPTED and ADOPTED and incorporated into this Order. Defendants' Renewed Motion to Tax Costs (Doc. 173) is GRANTED in part and DENIED in part as follows: The motion is granted to th e extent Defendants are awarded $454 in fees for service; The motion is granted to the extent Defendants are awarded $3,864.30 in fees of the Court Reporter; The motion is granted to the extent Defendants are awarded $80 for witness fe es; The Clerk of Court is DIRECTED to enter an amended cost judgment for Defendants Brandon Marshall, Robert Kizzire, and Sheriff Carmine Marceno, in his official capacity as Lee County Sheriff with the amended amount being $13,438.30; The motion is denied to the extent it seeks any greater or different relief. Signed by Judge Sheri Polster Chappell on 8/31/2021. (AEH)

Case 2:16-cv-00814-SPC-MRM Document 180 Filed 08/31/21 Page 1 of 3 PageID 3967

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. 179). Judge McCoy recommends
granting and denying in part Defendants’ Renewed Motion to Tax Costs (Doc.
173). 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
judge’s R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681

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Case 2:16-cv-00814-SPC-MRM Document 180 Filed 08/31/21 Page 2 of 3 PageID 3968

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. 179) in full.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 179) is ACCEPTED and
ADOPTED and incorporated into this Order.
(2) Defendants’ Renewed Motion to Tax Costs (Doc. 173) is GRANTED
in part and DENIED in part as follows:
a. The motion is granted to the extent Defendants are awarded
$454 in fees for service;
b. The motion is granted to the extent Defendants are awarded
$3,864.30 in fees of the Court Reporter;
c. The motion is granted to the extent Defendants are awarded
$80 for witness fees;

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Case 2:16-cv-00814-SPC-MRM Document 180 Filed 08/31/21 Page 3 of 3 PageID 3969

d. The Clerk of Court is DIRECTED to enter an amended cost
judgment for Defendants Brandon Marshall, Robert Kizzire,
and Sheriff Carmine Marceno, in his official capacity as Lee
County Sheriff with the amended amount being $13,438.30;
e. The motion is denied to the extent it seeks any greater or
different relief.
DONE and ORDERED in Fort Myers, Florida on August 31, 2021.

Copies: All Parties of Record

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