Tessema v. United States Department of the Navy et al

Filing 8

The Report and Recommendation (Doc. # 5 ) is ACCEPTED and ADOPTED. Plaintiff Ezra T. Tessema's Motion for Leave to Proceed in forma pauperis (Doc. # 2 ) is DENIED. Plaintiff Ezra T. Tessema's Petition for a Writ of Habeas Corups (Doc. # 1 ) is DENIED. This case is dismissed without prejudice. The Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 3/10/2016. (BLB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EZRA T. TESSEMA,
Plaintiff,
v.

Case No. 8:16-cv-359-T-33MAP

UNITED STATES DEPARTMENT OF NAVY
and VETERANS ADMINISTRATION,
Defendants.
/
ORDER
This matter is before the Court on consideration of the
report and recommendation of Mark A. Pizzo, United States
Magistrate Judge, (Doc. # 5) filed on February 25, 2016,
recommending that Plaintiff Ezra T. Tessema’s Petition for
Writ of Habeas Corups (Doc. # 1) and Motion to Proceed in
forma

pauperis

(Doc.

#

2)

be

denied.

Tessema

filed

an

Objection to the Report and Recommendation on March 8, 2016.
(Doc. # 7).
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
Pizzo’s

Report

and

Recommendation,

as

well

as

Tessema’s

Objection, the Court overrules the objection and adopts the
Report and Recommendation. The Court agrees with Judge Pizzo'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. # 5) is ACCEPTED and
ADOPTED.

(2)

Plaintiff Ezra T. Tessema’s Motion for Leave to Proceed
in forma pauperis (Doc. # 2) is DENIED.

2

(3)

Plaintiff Ezra T. Tessema’s Petition for a Writ of Habeas
Corups (Doc. # 1) is DENIED. This case is dismissed
without prejudice.

(4)

The Clerk is directed to CLOSE THIS CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 10th

day of March, 2016.

3