Anderson v. Leibfreid et al

Filing 6

ORDER adopting Report and Recommendations 5 ; denying 2 Motion for leave to proceed in forma pauperis/affidavit of indigency. Signed by Judge Mary S. Scriven on 2/27/2013. (ESG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DIONE ANDERSON,
Plaintiff,
v.

Case No. 8:13-CV-315-T-35TGW

JUDY LEIBREID and
GLORIA RILEY,
Defendants.
/
ORDER
THIS CAUSE comes before the Court for consideration of pro se Plaintiff’s
Motion for Leave to Proceed In Forma Pauperis and Affidavit of Indigency. (Dkt. 2) On
February 7, 2013, United States Magistrate Judge Thomas G. Wilson issued a Report
and Recommendation, recommending that the Motion be denied, and the Plaintiff’s
Complaint be dismissed.

(Dkt. 5)

No objection was filed to the Report and

Recommendation, and the deadline to do so has passed.
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, 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.” 28 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
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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. Southern Ry., 37 F.3d 603, 604 (11th
Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an
independent examination of the file, the Court is of the opinion that the Report and
Recommendation should be adopted, confirmed, and approved in all respects, except
that the complaint will be dismissed without prejudice. Accordingly, it is ORDERED
that:
1. The Report and Recommendation (Dkt. 5) is CONFIRMED and ADOPTED as
part of this Order;
2. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Dkt. 2) is DENIED;
3. Plaintiff’s Complaint (Dkt. 1) is DISMISSED; and
4. The CLERK is directed CLOSE this case.
DONE and ORDERED in Tampa, Florida, this 27th day of February 2013.

Copies furnished to:
Counsel of Record
Any Unrepresented Party

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