Valentine et al v. BAC Home Loans Servicing, L.P. et al

Filing 33

ORDER adopting 32 REPORT AND RECOMMENDATIONS re 30 MOTION for leave to appeal in forma pauperis/affidavit of indigency filed by Bernidine Valentine, Anthony Valentine. the motion to proceed on appeal in forma pauperis (Doc. 30) be denied; and the Plaintiffs are directed to pay the applicable filing fee within 45 days of this date or the Clerk of Court is directed to dismiss the appeal in this case without prejudice. Signed by Judge Elizabeth A. Kovachevich on 12/5/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ANTHONY VALENTINE and
BERNIDINE VALENTINE,
Plaintiff,

vs.

CASE NO. 8:14-CIV-652-T-17-MAP

BAC HOME LOANS SERVICING, INC.,
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 November 17, 2014 (Doc. 32). The magistrate judge
recommended that the motion to proceed on appeal in forma pauperis (Doc. 30) be denied
and the Plaintiffs should be ordered to pay the appropriate filing fee.
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). No timely objections have been filed.

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. 35) be adopted and
incorporated by reference; the motion to proceed on appeal in forma pauperis (Doc. 30) be
denied; and the Plaintiffs are directed to pay the applicable filing fee within 45 days of this
date or the Clerk of Court is directed to dismiss the appeal in this case without prejudice.
DONE and ORDERED in Chambers, in Tampa, Florida, this 5th day of
December, 2014.

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

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