Freeman v. McNeilly et al

Filing 18

ORDER adopting Report and Recommendations re 16 Report and Recommendations. Signed by Judge Mary S. Scriven on 3/16/2012. (JDG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FREEMAN LAURINE SUE
OF FAMILY ARNOLD,
Plaintiff,
v.

Case No. 8:12-cv-318-MSS-TGW

J. DAVID WALSH, et al.,
Defendants.
________________________________/
ORDER
THIS CAUSE comes before the Court for consideration upon the Plaintiff’s
Application to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915. (Dkt. 2) On
February 27, 2012, United States Magistrate Judge Thomas G. Wilson issued a Report
and Recommendation, recommending that the Plaintiff’s “complaint be dismissed and
the Motion to Proceed In Forma Pauperis . . . be deferred pending an opportunity for the
plaintiff to file within 30 days a cognizable amended complaint that complies with the
Federal Rules of Civil Procedure.” (Dkt. 16) No objection was filed to the Report and
Recommendation, and the deadline to do so has passed.
In the Eleventh Circuit, a district judge may accept, reject or modify the
magistrate judge's report and recommendation after conducting a careful and complete
review of the findings and recommendations. 28 U.S.C. § 636(b)(1); See Williams v.
Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A
district judge “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.”
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U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to
those issues to which specific objection has been made by a party.” Jeffrey S. v. State
Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2
(1976)). In the absence of specific objections, there is no requirement that a district
judge review factual findings de novo 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); See
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). The district judge reviews
legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v.
Southern Ry., 37 F.3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, the Court is of the
opinion that the Report and Recommendation should be adopted, confirmed, and
approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation (Dkt. 16) is CONFIRMED and ADOPTED
as part of this Order;
2. The Plaintiff’s Complaint is DISMISSED without prejudice;
3. The Plaintiff’s Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. §
1915 is Deferred pending an opportunity for the Plaintiff to file, within 30
days, a cognizable Amended Complaint that complies with the Federal Rules
of Civil Procedure.

DONE and ORDERED in Tampa, Florida, this 16th day of March 2012.

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Copies furnished to:
Counsel of Record
Any unrepresented party

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