Mitchell v. City of Bartow Police Department et al

Filing 8

ORDER adopting and incorporating 7 REPORT AND RECOMMENDATIONS re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Stephen Mitchell, 6 Amended Complaint filed by Stephen Mitchell. The amended complaint be dismissed and the Clerk of Court is directed to close this case. Signed by Judge Elizabeth A. Kovachevich on 6/5/2014. (SN)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STEPHEN MITCHELL, Plaintiff, vs. CASE NO. 8:14-CIV-60-T-EAK-AEP CITY OF BARTOW POLICE DEPARTMENT, 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 Mark A. Pizzo on May 14, 2014 (Doc. 7). The magistrate judge recommended that the amended complaint be dismissed. 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. ยง 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 (Doc. 7) be adopted and incorporated by reference and the amended complaint be dismissed. The Clerk of Court is directed to close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 5th day of June, 2014. Copies to: All parties and counsel of record Assigned Magistrate Judge 2

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