Perez Rivera v. Santadner Consumer USA et al

Filing 13

ORDER adopting 11 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Enid Y. Perez Rivera, 9 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Enid Y. Perez Rivera. The Report and Recommendation (Doc. 11 ) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff's request to proceed in forma pauperis (Doc. 9 ) is DENIED. The Clerk shall enter judgment dismissing this case without prejudice and close the file. Signed by Judge Sheri Polster Chappell on 9/26/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ENID Y. PEREZ RIVERA,
Plaintiff,
v.

Case No: 2:17-cv-492-FtM-38CM

SANTADNER CONSUMER USA,
PROFESSIONL BUREAU OF
COLLECTIONS OF MARYLAND,
INC. and NCB MANAGEMENT
SERVICES, INC.,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation (Doc. 11), recommending that Plaintiff Enid Y.
Perez Rivera’s request to proceed in forma pauperis (Doc. 9) be denied and the case
dismissed without prejudice. 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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

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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 independently examining the file and upon consideration of Judge Mirando’s
findings and recommendation, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 11) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Plaintiff’s request to proceed in forma pauperis (Doc. 9) is DENIED.
(3) The Clerk shall enter judgment dismissing this case without prejudice and
close the file.
DONE and ORDERED in Fort Myers, Florida this 26th day of September, 2018.

Copies: All Parties of Record

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