Johnson v. Carter et al

Filing 5

ORDER: United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation 4 is ACCEPTED and ADOPTED. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an amended complaint within twenty days of the date of this Order. Plaintiff's construed motion for leave to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. Signed by Judge Virginia M. Hernandez Covington on 8/12/2009. (KAK)

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ARLENE JOHNSON, v. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, Case No. 8:09-cv-1202-T-33TBM MARGARET CARTER and ST. PETERSBURG COLLEGE, Defendants. _____________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 4), entered on July 21, 2009, recommending that Plaintiff's complaint be dismissed with leave to amend and further recommending that Plaintiff's construed motion for leave to proceed in forma pauperis be denied without prejudice. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. 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. 28 U.S.C. 636(b)(1); 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. 28 U.S.C. 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. 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 a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: 1. United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 4) is ACCEPTED and ADOPTED. 2. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an amended complaint within twenty days of the date of this Order. 3. Plaintiff's construed motion for leave to proceed in -2- forma pauperis is DENIED WITHOUT PREJUDICE. DONE and ORDERED in Fort Myers, Florida, this 12th day of August, 2009. Copies: All Counsel and Parties of Record -3-

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