Madura et al v. BAC Home Loans Servicing, LP et al

Filing 738

ORDER: The Report and Recommendation (Doc. # 736 ) is ACCEPTED and ADOPTED. Lapinski's objection (Doc. # 737 ) is OVERRULED. Lapinski's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. # 727 ) is DENIED. Th e 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 7/14/2017. (KAK)

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

Case No. 8:11-cv-2511-T-33TBM

BAC HOME LOANS SERVICING, L.P.,
ET AL.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Thomas B. McCoun, III’s Report
and Recommendation (Doc. # 736), filed on June 30, 2017,
recommending that Lucas Lapinski's construed Motion for Leave
to Proceed on Appeal in forma pauperis (Doc. # 727) be denied.
Lapinski

filed

an

objection

to

the

Report

and

Recommendation (Doc. # 737). 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).

If a party files a timely and specific objection to

a finding of fact by the magistrate, the district court must
conduct a de novo review with respect to that factual issue.
Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992).
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 none of the arguments
raised in the objection provide a basis for rejecting the
Report and Recommendation. After conducting a careful and
complete

review

of

the

findings,

conclusions

and

recommendations, and giving de novo review, the Court accepts
the factual findings and legal conclusions of the Magistrate
Judge and the recommendation of the Magistrate Judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 736) is ACCEPTED
and ADOPTED.

(2)

Lapinski's objection (Doc. # 737) is OVERRULED.

(3)

Lapinski's construed Motion for Leave to Proceed on
Appeal in forma pauperis (Doc. # 727) is DENIED.
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(4)

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 14th
day of July, 2017.

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