Thompson-Kelly et al v. Camelot Community Care et al
Filing
6
ORDER: The Report and Recommendation 5 is ACCEPTED and ADOPTED. Plaintiffs' motions for leave to proceed in forma pauperis 2 and 3 are DENIED. Plaintiffs' complaint 1 is DISMISSED. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 10/18/2011. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
REBECCA LYNN THOMPSON-KELLY,
ET AL.,
Plaintiffs,
v.
Case No. 8:11-cv-1716-T-33MAP
CAMELOT COMMUNITY CARE, ET AL.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Mark A. Pizzo’s Report and
Recommendation (Doc. # 5), filed on September 30, 2011,
recommending that Plaintiffs’ motions for leave to proceed in
forma pauperis (Doc. ## 2, 3) be denied and that Plaintiffs’
complaint (Doc. # 1) be dismissed as frivolous.
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)
The Report and Recommendation (Doc. # 5) is ACCEPTED and
ADOPTED.
(2)
Plaintiffs’
motions
for
leave
to
proceed
in
forma
pauperis (Doc. ## 2, 3) are DENIED. Plaintiffs’ complaint
(Doc. # 1) is DISMISSED.
(3)
The Clerk is directed to close this case.
-2-
DONE and ORDERED in Chambers in Tampa, Florida, this 18th
day of October, 2011.
Copies:
All Counsel and Parties of Record
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?