Leal v. White House et al

Filing 5

ORDER: The Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge 4 is ACCEPTED AND ADOPTED. Plaintiff Jose Leal's Motion for Leave to Proceed In Forma Pauperis 2 is DENIED. This action is DISMISSED and the Clerk is DIRECTED to CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 5/13/2013. (LRM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOSE LEAL
Plaintiff,
v.

Case No. 8:13-cv-869-T-33TGW

WHITE HOUSE and HONORABLE
PRESIDENT BARACK OBAMA,
Defendants.
____________________________/
ORDER
Before the Court is the April 16, 2013, Report and
Recommendation of United States Magistrate Judge Thomas G.
Wilson (Doc. # 4), in which Judge Wilson recommends that
Defendant’s

Motion

to

Proceed

In

Forma

Pauperis

and

Affidavit of Indigency (Doc. # 2) be denied and that the
case

be

dismissed.

No

objection

to

the

Report

and

Recommendation has been filed, and the time to do so has
now passed. After careful consideration, the Court adopts
the Report and Recommendation of the Magistrate Judge.
Discussion
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). In the

absence

of

that

district

a

specific

objections,

judge

review

there

factual

is

no

requirement

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, including
the Report and Recommendation, the Court adopts the Report
and Recommendation, denies the Motion for Leave to Proceed
In Forma Pauperis, and dismisses this action.
The

Court

agrees

with

Judge

Wilson’s

detailed

and

well-reasoned findings of fact and conclusions of law: pro
se

Plaintiff

Jose

Leal

has

failed

to

show

that

he

is

indigent and, furthermore, he has failed to show that this
Court has jurisdiction over his claim. The Court agrees
with Judge Wilson’s conclusion that “While it is normally
appropriate to afford the plaintiff an opportunity to file

2

an amended complaint, see Troville v. Venz, 303 F.3d 1256,
1260 n.5 (11th Cir. 2002), [the Court] cannot perceive of
any amendment which would permit this suit.” (Doc. # 4 at
3-4). Therefore, the Court dismisses this case.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The

Report

and

Recommendation

of

Thomas

G.

Wilson,

United States Magistrate Judge (Doc. # 4) is ACCEPTED
AND ADOPTED.
(2)

Plaintiff Jose Leal’s Motion for Leave to Proceed In
Forma Pauperis (Doc. # 2) is DENIED.

(3)

This action is DISMISSED and the Clerk is DIRECTED to
CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this

13th day of May, 2013.

Copies: All Parties and Counsel of Record

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