Madura et al v. Bank of America, N.A.

Filing 87

ORDER: The Report and Recommendation 85 is ACCEPTED and ADOPTED. Plaintiffs' Motion for Leave to Proceed on Appeal in forma pauperis 82 is DENIED. The Court certifies that the appeal is not taken in good faith and directs the Clerk to notify the Court of Appeals of this ruling in accordance with Rule 24(a)(4)(B), Federal Rules of Appellate Procedure. Signed by Judge Virginia M. Hernandez Covington on 12/31/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANDRZEJ MADURA and ANNA
DOLINSKA-MADURA,
Plaintiffs,
v.

Case No. 8:10-cv-523-T-33AEP

BANK OF AMERICA, N.A.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Anthony E. Porcelli’s Report and
Recommendation (Doc. # 85), filed on December 13, 2013,
recommending that Plaintiffs’ Motion for Leave to Proceed on
Appeal in forma pauperis (Doc. # 82) be denied.

Plaintiffs

failed to file an objection to the Report and Recommendation,
and the time for Plaintiffs to do so has now elapsed. As
discussed

below,

the

Court

adopts

the

Report

and

Recommendation of the Magistrate Judge.
Discussion
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).
The Report and Recommendation thoroughly and thoughtfully
addresses the issues presented and, 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)

The Report and Recommendation (Doc. # 85) is ACCEPTED and
ADOPTED.

(2)

Plaintiffs’ Motion for Leave to Proceed on Appeal in
forma pauperis (Doc. # 82) is DENIED.
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(3)

The Court certifies that the appeal is not taken in good
faith and directs the Clerk to notify the Court of
Appeals

of

this

ruling

in

accordance

with

Rule

24(a)(4)(B), Federal Rules of Appellate Procedure.
DONE and ORDERED in Chambers in Tampa, Florida, this 31st
day of December, 2013.

Copies:

All Counsel and Parties of Record

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