Gold v. Harper et al

Filing 6

ORDER adopting 5 the Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge. Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is denied. Plaintiff's Complaint is dismissed without prejudice and without leave to amend. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 10/29/2012. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TURIYAN M. GOLD,
Plaintiff,
v.

Case No. 8:12-cv-2089-T-33TGW

STEPHEN HARPER, et al.,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to the October
4, 2012, report and recommendation of Thomas G. Wilson, United
States Magistrate Judge (Doc. # 5), in which Judge Wilson
recommends that Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (Doc. # 2) be denied, and that Plaintiff’s
complaint be dismissed without prejudice and without leave to
amend.
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).
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 hereby
ORDERED, ADJUDGED, and DECREED:
(1)

The report and recommendation of Thomas G. Wilson, United
States Magistrate Judge (Doc. # 5) is ACCEPTED and
ADOPTED.

(2)

Plaintiffs’ Motion for Leave to Proceed In Forma Pauperis
(Doc. # 2) is DENIED.

(3)

Plaintiff’s complaint is dismissed without prejudice and
without leave to amend.

The Clerk is directed to close

this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 29th
day of October, 2012.

Copies: All Counsel of Record