Davis v. Smith et al

Filing 6

ORDER: The Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge 4 , is ACCEPTED and ADOPTED. Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is DENIED. Plaintiff's Complaint is dismissed. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 8/19/2013. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANTHONY LEROY DAVIS,
Plaintiff,
v.

Case No. 8:13-cv-1882-T-33TGW

CECIL SMITH and GEORGE
ZIMMERMAN,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to the July
29, 2013, Report and Recommendation of Thomas G. Wilson,
United States Magistrate Judge (Doc. # 4), in which Judge
Wilson recommends that Plaintiff’s Motion for Leave to Proceed
In Forma Pauperis (Doc. # 2) be denied, and that Plaintiff’s
complaint be dismissed. Plaintiff filed a timely objection to
the Report and Recommendation on August 9, 2013. (Doc. # 5).
After careful consideration and being fully advised in
the premises, the Court adopts the Report and Recommendation
of the Magistrate Judge and overrules the filed objection.
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 (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).
After conducting a careful and complete review of the
entire record, including the Report and Recommendation and
Plaintiff’s
objection,

objection
adopts

the

thereto,
Report

the
and

Court

overrules

Recommendation,

the

denies

Plaintiff’s Motion for Leave to Proceed In Forma Pauperis, and
dismisses the Complaint.
Accordingly, it is hereby
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’s Motion for Leave to Proceed In Forma Pauperis
(Doc. # 2) is DENIED.

(3)

Plaintiff’s complaint is dismissed. The Clerk is directed
to close this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 19th

day of August, 2013.

Copies: All Counsel of Record