R.W. v. Armor Correctional Health Services, Inc. et al
Filing
90
ORDER adopting 85 REPORT AND RECOMMENDATIONS re 79 Amended MOTION to Strike 23 Amended Complaint filed by David Gee. The report is adopted and incorporated by reference; the Court grants the motion to strike the claim for punitive damages (Doc. 79); and the claim is stricken. Signed by Judge Elizabeth A. Kovachevich on 12/19/2013. (SN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
R.W.,
Plaintiff,
vs.
CASE NO. 8:11-CIV-1326-T-EAK-AEP
MICHELLE SPINELLI, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Anthony E. Porcelli on November 26, 2013 (Doc. 85). The magistrate
judge recommended that the Court grant the motion of Defendant Sheriff David Gee to strike
claim for punitive damages (Doc. 79).
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District
of Florida, the parties had fourteen (14) days after service to file written objections to the
proposed findings and recommendations, or be barred from attacking the factual findings on
appeal. No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. ยง 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia, 896 f.2d 507 (11th Cir. 1990).
However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines,
Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation. Accordingly, it is
ORDERED that the report and recommendation, November 26, 2013 (Doc. 85) be
adopted and incorporated by reference; the Court grants the motion to strike the claim for
punitive damages (Doc. 79); and the claim is stricken.
DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of December,
2013.
Copies to:
All parties and counsel of record
Assigned Magistrate Judge
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