Johnson v. Hillsborough County Circuit Court

Filing 7

ORDER: The Report and Recommendation (Doc. # 4 ) is ACCEPTED and ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis (Doc. # 2 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Complaint (Doc. # 1 ) is dismissed without preju dice. Plaintiff may file an amended complaint that complies with the Federal Rules of Civil Procedure on or before May 20, 2016. Failure to file an amended complaint within this period will result in dismissal of this action without further notice. Plaintiff shall either pay the filing fee to continue this action or file a notarized and complete Affidavit of Indigency upon filing an amended complaint. Signed by Judge Virginia M. Hernandez Covington on 4/20/2016. (BLB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SHERRY K. JOHNSON,
Plaintiff,
v.

Case No. 8:16-cv-761-T-33JSS

HILLSBOROUGH COUNTY CIRCUIT COURT,
Defendant.
________________________________/
ORDER
This matter is before the Court in consideration of the
Report and Recommendation of Julie S. Sneed, United States
Magistrate Judge, (Doc. # 4), filed on March 31, 2016.

Judge

Sneed recommends that this Court deny Plaintiff’s Motion for
Leave to Proceed in Forma Pauperis without prejudice and
dismiss the Complaint without prejudice, with leave to file an
amended complaint. 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. # 4) is ACCEPTED and
ADOPTED.

(2)

Plaintiff’s motion for leave to proceed in forma pauperis
(Doc. # 2) is DENIED WITHOUT PREJUDICE.

(3)

Plaintiff’s Complaint (Doc. # 1) is dismissed without
prejudice.

Plaintiff may file an amended complaint that

complies with the Federal Rules of Civil Procedure on or
before May 20, 2016. Failure to file an amended complaint

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within this period will result in dismissal of this
action without further notice.
(4)

Plaintiff shall either pay the filing fee to continue
this action or file a notarized and complete Affidavit of
Indigency upon filing an amended complaint.
DONE and ORDERED in Chambers in Tampa, Florida, this 20th

day of April, 2016.

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