Renaldo-Bey v. Rosa et al

Filing 8

ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge 7 is ACCEPTED AND ADOPTED. Plaintiff Abdullah Renaldo-Bey's construed motion to proceed in forma pauperis 2 is DENIED without prejudice. Plaintiff A bdullah Renaldo-Bey's Complaint 1 is DISMISSED without prejudice. Plaintiff may file an Amended Complaint on or before December 10, 2012 that clearly sets forth a cause of action cognizable in this Court and is consistent with the pleading requirements of the Federal Rules of Civil Procedure. Signed by Judge Virginia M. Hernandez Covington on 11/20/2012. (MEB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ABDULLAH RENALDO-BEY,
Plaintiff,
v.

Case No. 8:12-cv-2222-T-33TBM

D. ROSA, et al.,
Defendants.
/
ORDER
This cause comes before the Court pursuant to the October
23, 2012, Report and Recommendation of Thomas B. McCoun III,
United States Magistrate Judge (Doc. # 7), in which Judge
McCoun

recommends

that

Plaintiff

Abdullah

Renaldo-Bey’s

construed motion to proceed in forma pauperis (Doc. # 2) be
denied without prejudice and Plaintiff’s Complaint (Doc. # 1)
be dismissed. Additionally, Judge McCoun recommends that the
Court grant Plaintiff permission to file -– within twenty days
of this Order -- one additional Amended Compliant that clearly
sets forth a cause of action cognizable in this Court and is
consistent with the pleading requirements of the Federal Rules
of Civil Procedure.
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 careful consideration, the Court
adopts the Report and Recommendation of the Magistrate Judge.
Discussion
A

district

judge

may

accept,

reject

or

magistrate judge’s report and recommendation.
636(b)(1);

modify

the

28 U.S.C. §

Williams v. Wainwright, 681 F.2d 732, 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).
Upon due consideration of the entire record, the Court
adopts the Report and Recommendation. The Court agrees with
Judge McCoun’s detailed and well-reasoned findings of fact and
conclusions of law.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
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(1)

The Report and Recommendation of Thomas B. McCoun III,
United States Magistrate Judge (Doc. # 7) is ACCEPTED AND
ADOPTED.

(2)

Plaintiff Abdullah Renaldo-Bey’s construed motion to
proceed in forma pauperis (Doc. # 2) is DENIED without
prejudice.

(3)

Plaintiff Abdullah Renaldo-Bey’s Complaint (Doc. # 1) is
DISMISSED

without

prejudice.

Plaintiff

may

file

an

Amended Complaint on or before December 10, 2012 that
clearly sets forth a cause of action cognizable in this
Court and is consistent with the pleading requirements of
the Federal Rules of Civil Procedure.
DONE and ORDERED in Chambers in Tampa, Florida, this 20th
day of November, 2012.

Copies: All Counsel and Parties of Record

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