Brownfield v. City of Lake City

Filing 53

ORDER adopting 52 Report and Recommendation; granting in part and denying in part 48 Defendant City of Lake City's Motion to Tax Costs. The Clerk of the Court is directed to adjust the Bill of Costs accordingly; tax the adjusted Bill of Costs; and enter judgment in accordance with this Order. Signed by Judge Marcia Morales Howard on 8/31/2018. (JW)

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    UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION STACI L. BROWNFIELD, Plaintiff, -vs- Case No. 3:16-cv-1433-J-34JRK CITY OF LAKE CITY, Defendant. ORDER THIS CAUSE is before the Court on Magistrate Judge James R. Klindt’s Report and Recommendation (Doc. 52; Report), entered on August 9, 2018, recommending that Defendant City of Lake City’s Motion to Tax Costs and Memorandum of Law in Support Thereof (Doc. 48) be granted in part and denied in part. See Report at 4. To date, no objections to the Report have been filed, and the time for doing so has passed. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).     Upon independent review of the file and for the reasons stated in the Magistrate Judge’s Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. Magistrate Judge James R. Klindt’s Report and Recommendation (Doc. 52) is ADOPTED as the opinion of the Court. 2. Defendant City of Lake City’s Motion to Tax Costs and Memorandum of Law in Support Thereof (Doc. 48) is GRANTED in part and DENIED in part. 3. The Motion is GRANTED to the extent that the Clerk of the Court is directed to adjust the Bill of Costs (Doc. 49) accordingly; tax the adjusted Bill of Costs; and enter judgment for Defendant and against Plaintiff in the amount of $2,553.63 for costs incurred in this matter, plus post-judgment interest accruing from March 14, 2018. 4. Otherwise, the Motion is DENIED. DONE AND ORDERED at Jacksonville, Florida, this 31st day of August, 2018. ja Copies to: Counsel of Record 2   

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