Renaldo-Bey v Fallon, et al

Filing 10

ORDER: The Report and Recommendation of Anthony E. Porcelli, United States Magistrate Judge 8 is ACCEPTED AND ADOPTED. Plaintiff Abdullah Renaldo-Bey's first construed motion to proceed in forma pauperis 2 is DENIED as moot. Plaintiff Abdullah Renaldo-Bey's second construed motion to proceed in forma pauperis 5 is DENIED. Plaintiff Abdullah Renaldo-Bey's Complaint 1 is DISMISSED with prejudice. 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-2351-T-33AEP

TOM FALLON, et al.,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to the October
25, 2012, Report and Recommendation of Anthony E. Porcelli,
United States Magistrate Judge (Doc. # 8), in which Judge
Porcelli recommends that Plaintiff Abdullah Renaldo-Bey’s
first construed motion to proceed in forma pauperis (Doc. # 2)
be denied as moot, Plaintiff’s second construed motion to
proceed

in

forma

pauperis

(Doc.

#

5)

be

denied,

and

Plaintiff’s Complaint (Doc. # 1) be dismissed with prejudice.
Plaintiff filed what he titles a “Writ / Act of Forgiveness”
on October 30, 2012; however, 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 Porcelli’s detailed and well-reasoned findings of fact
and conclusions of law.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Anthony E. Porcelli,
United States Magistrate Judge (Doc. # 8) is ACCEPTED AND
ADOPTED.
-2-

(2)

Plaintiff Abdullah Renaldo-Bey’s first construed motion
to proceed in forma pauperis (Doc. # 2) is DENIED as
moot.

(3)

Plaintiff Abdullah Renaldo-Bey’s second construed motion
to proceed in forma pauperis (Doc. # 5) is DENIED.

(4)

Plaintiff Abdullah Renaldo-Bey’s Complaint (Doc. # 1) is
DISMISSED with prejudice.
DONE and ORDERED in Chambers in Tampa, Florida, this 20th

day of November, 2012.

Copies: All Counsel
Parties of Record

a n d

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