Pando et al v. Blair et al

Filing 70

ORDER adopting 69 Report and Recommendation; granting 37 Motion for Summary Judgment for Defendants Felix Rodriguez and Tanya Rodriguez; granting 47 Defendant Sheriff's Motion for Summary Judgment; denying 31 Plaintiffs' Motion for Partial Summary Judgment. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 8/31/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MICHAEL PANDO and
WILLIAM MCMULLEN,
Plaintiffs,
vs.

Case No. 5:15-cv-610-Oc-34PRL

SHERIFF CHRIS BLAIR, in his official
capacity as Sheriff of Marion County, et al.,
Defendants.
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ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 69;
Report), entered by the Honorable Philip R. Lammens, United States Magistrate Judge, on
August 10, 2017. In the Report, Judge Lammens recommends that the Motion for Summary
Judgment for Defendants Felix Rodriguez and Tanya Rodriguez (Dkt. No. 37) and the
Defendant Sheriff’s Motion for Summary Judgment (Dkt. No. 47) be granted, and that
Plaintiffs’ Motion for Partial Summary Judgment (Dkt. No. 31) be denied. See Report at 44.
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. Southern 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 thorough and well reasoned Report, the Court will accept and adopt the legal and
factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Report and Recommendation (Dkt. No. 69) is ADOPTED as the opinion

of the Court.
2.

The Motion for Summary Judgment for Defendants Felix Rodriguez and Tanya

Rodriguez (Dkt. No. 37) is GRANTED.
3.

Defendant Sheriff’s Motion for Summary Judgment (Dkt. No. 47) is GRANTED.

4.

Plaintiffs’ Motion for Partial Summary Judgment (Dkt. No. 31) is DENIED.

5.

The Clerk of the Court is directed to enter JUDGMENT in favor of Defendants

Sheriff Chris Blair, Tanya Rodriguez, and Felix Rodriguez and against Plaintiffs Michael
Pando and William McMullen.

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6.

The Clerk of the Court is further directed to terminate any remaining pending

motions and deadlines as moot and close the file.
DONE and ORDERED in Chambers, this 31st day of August, 2017.

ja
Copies to:
Counsel of Record

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