Reed v. Highlands County et al

Filing 13

ORDER adopting and incorporating by reference 10 REPORT AND RECOMMENDATIONS re 1 Complaint filed by James Thomas Reed, 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by James Thomas Reed; the objections be over ruled; the complaint be dismissed, without prejudice, for failure to comply with Rule 8, Fed.R.Civ.P.; the plaintiff has leave to amend his complaint but he is directed to file any amended complaint in the Southern District of Florida; the motion to proceed in forma pauperis be denied; and the Clerk of Court is directed to close this case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 2/19/2013. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JAMES THOMAS REED,
Plaintiff,

vs.

CASE NO. 8:13-CIV-234-T-17-TGW

PETER A. BARONE, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION

This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Thomas G. Wilson on February 8, 2013 (Doc. 10). The magistrate judge
recommended that the Court dismiss the complaint for failure to comply with Rule 8,
Fed.R.Civ.P., with leave to amend but directing that any amended complaint be filed in the
Southern District of Florida, and that the Court deny the motion to proceed in forma pauperis.
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District
of Florida, the parties had fourteen (14) days after service to file written objections to the
proposed findings and recommendations, or be barred from attacking the factual findings on
appeal. Objections to the report and recommendation were filed (Doc. 11).
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia, 896 f.2d 507 (11th Cir. 1990).

However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines,
Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation and finds that the objections are not well taken. Accordingly, it is
ORDERED that the report and recommendation, February 8, 2013 (Doc. 10) be
adopted and incorporated by reference; the objections be overruled; the complaint be
dismissed, without prejudice, for failure to comply with Rule 8, Fed.R.Civ.P.; the plaintiff
has leave to amend his complaint but he is directed to file any amended complaint be filed in
the Southern District of Florida; the motion to proceed in forma pauperis be denied; and the
Clerk of Court is directed to close this case and terminate any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of February,
2013.

Copies to:
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All parties and counsel of record
Assigned Magistrate Judge

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