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)

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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-

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