NGWABA v. BARANOWSKI et al

Filing 29

ORDER overruling 28 Objections; adopting 27 Report & Recommendation; dismissing case without prejudice; directing the Clerk of the Court to close the file. Signed by Judge Marcia Morales Howard on 5/22/2019. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
EDITH NGWABA,
Plaintiff,
v.

Case No. 3:17-cv-936-J-34PDB

KATHERINE L. BARANOWSKI, et al.,
Defendants.

ORDER
THIS CAUSE is before the Court on the Report & Recommendation (Dkt. No. 27;
Report), entered by the Honorable Patricia D. Barksdale, United States Magistrate Judge,
on April 12, 2019. In the Report, Judge Barksdale recommends dismissing this case,
with any claims belonging to anyone other than Ms. Ngwaba without prejudice, and other
claims over which the Court has no jurisdiction without prejudice, and any state claims
without prejudice. See Report at 23. Plaintiff has filed objections to the Report. See Dkt.
No. 28; Objections, filed on April 26, 2019.
The Court “may accept, reject, or modify, in whole or in part, the finding or
recommendations 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);

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United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla.
May 14, 2007).
In the Objections, Ms. Ngwaba continues to argue the substance of her claims.
She does not, however, identify any factual errors in the Report. Nor does she address
or object to the Magistrate Judge’s recommended legal conclusions. Upon independent
review of the file and for the reasons stated in the Magistrate Judge’s Report, the Court
will overrule the Objections and accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The objections set forth in Dkt. No. 28 are OVERRULED.
2. The Magistrate Judge’s Report & Recommendation (Dkt. No. 27) is ADOPTED
as the opinion of the Court.
3. Any claims belonging to anyone other than Ms. Ngwaba, any other claims over
which the Court has no jurisdiction, and any state claims are DISMISSED
without prejudice.
4. The Clerk of Court is directed to terminate all pending motions and deadlines
as moot and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 22nd day of May, 2019.

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ja
Copies to:
Counsel of Record
Pro Se Party

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