Green v. Voight et al

Filing 7

ORDER: The Report and Recommendation (Doc. # 6 ) is ACCEPTED and ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis (Doc. # 3 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Complaint is dismissed without prejudice. Plai ntiff is authorized to file an amended complaint, accompanied by an amended motion for leave to proceed in forma pauperis, on or before March 28, 2016. Failure to file an amended complaint within this period will result in dismissal of this action without further notice. Signed by Judge Virginia M. Hernandez Covington on 2/26/2016. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THEOPHILUS E. GREEN,
Plaintiff,
v.

Case No. 8:16-cv-203-T-33TGW

NANCY L. VOIGHT, ET AL.,
Defendants.
________________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of Thomas G. Wilson, United States
Magistrate Judge, (Doc. # 6) filed on February 8, 2016. Judge
Wilson

recommends

that

this

Court

dismiss

the

Complaint

without prejudice and with leave to file an amended complaint
within thirty days.

No objections have been filed, and the

time for the submission of objections 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).

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) (Table).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge and the
recommendation of the magistrate judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 6) is ACCEPTED and
ADOPTED.

(2)

Plaintiff’s motion for leave to proceed in forma pauperis
(Doc. # 3) is DENIED WITHOUT PREJUDICE.

(3)

Plaintiff’s Complaint is dismissed without prejudice.
Plaintiff is authorized to file an amended complaint,
accompanied by an amended motion for leave to proceed in
forma pauperis, on or before March 28, 2016.

Failure to

file an amended complaint within this period will result
in dismissal of this action without further notice.
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DONE and ORDERED in Chambers in Tampa, Florida, this 26th
day of February, 2016.

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