Lehet v. US Dept of Veteran Affairs

Filing 23

ORDER: The Report and Recommendation of the Honorable Elizabeth A. Jenkins, United States Magistrate Judge 21 is ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis on appeal 20 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 1/30/2015. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANDREW THOMAS LEHET,
Plaintiff,
v.

Case No. 8:14-cv-1937-T-33EAJ

U.S. DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.
________________________________/
ORDER
This cause comes before the Court pursuant to the January
15,

2015,

Report

and

Recommendation

of

the

Honorable

Elizabeth A. Jenkins, United States Magistrate Judge (Doc. #
21), in which Judge Jenkins recommends that Plaintiff Andrew
Thomas Lehet’s construed motion for leave to proceed in forma
pauperis on appeal (Doc. # 20), be denied.
On January 29, 2015, Lehet filed an objection to the
Report

and

Recommendation.

(Doc.

#

22).

After

due

consideration, the Court overrules Lehet’s objection and
adopts the Report and Recommendation of Judge Jenkins.
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 (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).
Upon due consideration of the entire record, the Court
overrules

Lehet’s

objection

and

adopts

the

Report

and

Recommendation of the Magistrate Judge. The Court agrees with
Judge Jenkins’ detailed and well-reasoned findings of fact
and

conclusions

of

law.

The

Report

and

Recommendation

thoughtfully addresses the issues presented and the objection
does

not

provide

a

basis

for

rejecting

Recommendation.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:

2

the

Report

and

(1)

The Report and Recommendation of the Honorable Elizabeth
A. Jenkins, United States Magistrate Judge (Doc. # 21)
is ADOPTED.

(2)

Plaintiff’s

motion

for

leave

to

proceed

in

forma

pauperis on appeal (Doc. # 20) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this
30th day of January, 2015.

Copies:

All Parties of Record

3