Hastings v. Inmate Services Corporation
Filing
66
OPINION AND ORDER denying 50 Motion for Leave to amend complaint; adopting 62 Report and Recommendations. Signed by Judge John E. Steele on 11/27/2018. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID HASTINGS,
Plaintiff,
v.
Case No:
2:17-cv-145-FtM-99CM
INMATE SERVICES CORPORATION,
JOHN DOES, 1 to 100, and JANE
DOES, 1 to 100,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #62), filed
October
31,
2018,
recommending
that
plaintiff's
Objection
to
Motion to Strike and/or Dismiss Plaintiff's Amended Complaint
(Doc. #50), construed as a request to amend the complaint, 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).
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).
The Magistrate Judge recommends that plaintiff has not shown
good cause to extend the deadline for motions to amend pleadings.
The deadline expired on March 15, 2018, and plaintiff did not seek
leave
to
amend
until
April
27,
2018,
and
significantly
that
plaintiff first expressed the desire for a class action suit back
in July 2017, but took no action for months.
The Magistrate Judge
further recommends that the proposed amendment would be futile
because it would be subject to dismissal based on plaintiff’s
inability to represent a class pro se, and previous denials for
the appointment of counsel.
Lastly, to the extent plaintiff is
seeking
the
a
certification
of
class,
the
Magistrate
Judge
recommends that the request is premature.
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 to
the extent that the request is untimely, and premature since it
also seeks leave of Court to obtain class counsel.
- 2 -
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#62)
is
hereby
adopted and the findings incorporated herein.
2.
Plaintiff's Objection to Motion to Strike and/or Dismiss
Plaintiff's Amended Complaint (Doc. #50) construed as a motion to
amend the complaint (Doc. #50) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of November, 2018.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
27th
day
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