Pinkston v. University of South Florida Board of Trustees et al

Filing 143

ORDER: The Report and Recommendation (Doc. # 91 ) is ACCEPTED and ADOPTED. Defendants' Motion to Involuntarily Dismiss Plaintiff's Civil Action with Prejudice (Doc. # 49 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 3/29/2016. (BLB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RACHEL PINKSTON,
Plaintiff,
v.

Case No. 8:15-cv-1724-T-33TBM

UNIVERSITY OF SOUTH FLORIDA
BOARD OF TRUSTEES, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of the
report and recommendation of the Honorable Thomas B. McCoun
III, United States Magistrate Judge, (Doc. # 91) filed on
February 25, 2016, recommending that Defendants’ Motion to
Involuntarily Dismiss Plaintiff’s Civil Action with Prejudice
(Doc. # 49) be denied. The Defendants filed an Objection to
the Report and Recommendation on March 10, 2016. (Doc. # 102).
Plaintiff did not file a response to Defendants’ Objection,
and the time for Plaintiff to respond has expired.
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).

If a party files a timely and specific objection to

a finding of fact by the magistrate, the district judge must
conduct a de novo review with respect to that factual issue.
Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992).
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) (Table).
Upon due consideration of the record, including Judge
McCoun’s Report and Recommendation, as well as the Defendants’
Objection, the Court overrules the objection and adopts the
Report

and

Recommendation.

The

Court

agrees

with

Judge

McCoun’s 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 the Report and Recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 91) is ACCEPTED and
ADOPTED.

(2)

Defendants’ Motion to Involuntarily Dismiss Plaintiff’s
Civil Action with Prejudice (Doc. # 49) is DENIED.

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DONE and ORDERED in Chambers in Tampa, Florida, this 29th
day of March, 2016.

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