Weatherup v. Weatherup

Filing 7

ORDER adopting Report and Recommendations re 6 Report and Recommendations. The Clerk of Court is directed to remand this case to state court (see order for instructions), and to close this case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 4/24/2017. (EJJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMP A DIVISION
SHAWN WEATHERUP,
Plaintiff,
Case No: 8: 17-cv-499-T-17TBM

V.

SHAWNA LEE BURFORD WEATHERUP,
Defendant.
ORDER
This cause comes before the Court pursuant to the Report and Recommendation
(Doc. No. 6) (the "R&R") entered by United States Magistrate Judge Thomas B. Mccoun,
Ill on April 4, 2017. Through the R&R, the Magistrate Judge recommends that the Court
deny the construed motion to proceed in forma pauperis (Doc. No. 2) (the "IFP Motion")
filed by the Defendant, Shawna Lee Buford Weatherup (the "Defendant"), and that the
case be remanded to state court. For the reasons set forth below, the R&R is ADOPTED
AND INCORPORATED BY REFERENCE.
I.

Background
The Defendant commenced this case by filing a notice purporting to remove a

domestic relations case from the Circuit Court of the Sixth Judicial Circuit in and for Pasco
County, Florida, along with the IFP Motion, on February 23, 2017. Magistrate Mccoun
reviewed the notice of removal, together with the IFP Motion and supporting documents,
and concluded that this Court lacks jurisdiction to consider the state court action. As a
result, the Magistrate Judge recommends that the IFP Motion be denied, and the case

remanded to state court for all further proceedings. As of the entry of this order, the
Defendant has not responded to the R&R.

II.

Discussion

Under the Federal Magistrate's Act (the "Act"), Congress vested Article Ill judges
with the power to "designate a magistrate judge to hear and determine any pretrial matter
pending before the court," subject to various exceptions. 28 U.S.C. § 636(b)(1)(A). The
Act further vests magistrate judges with authority to "submit to the judge of the court
proposed findings of fact and recommendations for the disposition" by an Article Ill judge.
28 U.S.C. § 636(b)(1)(8). "Within fourteen days after being served with a copy [of a
magistrate's report and recommendation], any party may serve and file written objections
to such proposed findings and recommendations." 28 U.S.C. § 636(b)(1). On review by
the district court, "the court shall make a de novo determination of those portions of the
report ... to which objection is made." Id. When no timely and specific objections are
filed, case law indicates 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). Here,
the Defendant has not objected to the R&R within the time permitted and, as a result, the
Court deems the R&R to be unopposed. Upon due consideration, the Court concurs with
the R&R.

Ill.

Conclusion

Accordingly, it is
ORDERED that the R&R is ADOPTED AND INCORPORATED BY REFERENCE.

The IFP Motion is DENIED. The Clerk of Court is directed to REMAND this case to state
court by sending a certified copy of this order to the Clerk of Court for the Circuit Court of
the Sixth Judicial Circuit in and for Pasco County, Florida.

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Order in Case No. 8:17-cv-00499-EAK-TBM
It is further ORDERED that the Clerk of Court is directed to CLOSE this case, and
TERMINATE any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida this 24th day of April, 2017.

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Unrepresented Parties

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