Harris v. Rambosk et al

Filing 138

OPINION AND ORDER denying 103 Motion for Leave to File Out of Time Second Amended Complaint; adopting 134 Report and Recommendations. Signed by Judge John E. Steele on 7/18/2019. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT DALE HARRIS,
Plaintiff,
v.

Case No:

2:18-cv-17-FtM-29MRM

KEVIN
RAMBOSK,
in
his
official capacity as Sheriff
of Collier County, Florida,
KASEY
P.
WINGO,
individually,
MICHAEL
D.
CHAPMAN, individually, SCOTT
PEPIN,
individually,
and
ROSS ANTHONY, individually,
Defendants.

OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #134), filed
July 1, 2019, recommending that plaintiff's Motion for Leave to
File

Out

Defendant

of

Time

Ross

Second

Anthony

Amended

Who

Was

Prejudice (Doc. #103) be denied.

Complaint
Dismissed

to
From

Implead
Suit

Prior

Without

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).
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.
Accordingly, it is now
ORDERED:
1.

The Report and Recommendation (Doc. #134) is hereby

adopted and the findings incorporated herein.
2.

Plaintiff's Motion for Leave to File Out of Time Second

Amended Complaint to Implead Prior Defendant Ross Anthony Who Was
Dismissed From Suit Without Prejudice (Doc. #103) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of July, 2019.

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18th

day

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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