Link v. Stuart et al

Filing 7

ORDER adopting and incorporating by reference 6 REPORT AND RECOMMENDATIONS; the motion for in forma pauperis be denied, the motion to appoint counsel (Doc. 5) be denied as moot, and the action be dismissed based on the Younger abstention doctrine. Younger v. Harris, 401 U.S. 37, 43 (1971). The Clerk of Court is directed to close this case.. Signed by Judge Elizabeth A. Kovachevich on 7/29/2013. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CARLESS LINK,
Plaintiff,

vs.

CASE NO. 8:13-CIV-852-T-17-AEP

S. STUART, 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 Anthony E. Porcelli on July 6, 2013 (Doc. 6). The magistrate judge
recommended that the motion for in forma pauperis be denied, the motion to appoint counsel
(Doc. 5) be denied as moot, and the action be dismissed based on the Younger abstention
doctrine. Younger v. Harris, 401 U.S. 37, 43 (1971).
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. No timely objections to the report and recommendation were filed.
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. Accordingly, it is
ORDERED that the report and recommendation, July 1, 2013 (Doc. 5) be adopted
and incorporated by reference; the motion for in forma pauperis be denied, the motion to
appoint counsel (Doc. 5) be denied as moot, and the action be dismissed based on the
Younger abstention doctrine. Younger v. Harris, 401 U.S. 37, 43 (1971). The Clerk of Court
is directed to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, 29th day of July, 2013.

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