Henry v. U.S. Bank

Filing 6

ORDER adopting 5 REPORT AND RECOMMENDATIONS re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Eva Henry. The cause of action is dismissed for failure to state a cause of action, and the Plaintiff will have up to and including December 2, 2015 to file an amended complaint that will correct the deficiencies in the initial complaint. Failure to do so will result in dismissal. Signed by Judge Elizabeth A. Kovachevich on 11/2/2015. (EJJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EVA HENRY,
Plaintiff.

CASE NO. 8:15-CIV-2338-T-EAK-TGW

vs.

U.S. BANK,
Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate .!udge Thorns G. Wilson on October 13, 2015 (Doc. 5). The magistrate judge
recommended that the Com1 dismiss the complaint for failure to state a cause of action with
leave to amend.
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District
of Florida, the parties had fourteen (14) days after service to file written objections to the
proposed findings and recommendations, or be barred from attacking the factual findings on
appeal. No timely objections to the report and recommendation were filed.

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)(l); 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,

~hen

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 repmi and
recommendation. Accordingly, it is

ORDERED that the report and recommendation (Doc. 6) be adopted and
incorporated by reference; the cause of action is dismissed for failure to state a cause of
action, and the Plaintiff have up to and including December 2, 2015 to file an amended
complaint that will correct the deficiencies in the initiall complaint. Failure to do so will
result in dismissal this case without further notice.

DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of November,
2015.