Westley v. Hultman et al

Filing 60

ORDER: The Report and Recommendation (Doc. # 57 ) is ACCEPTED and ADOPTED.Plaintiff's Objection to the Report and Recommendation (Doc. ## 58 , 59 ) is OVERRULED. Plaintiff's construed Motion for Leave to Proceed on Appeal in forma p auperis (Doc. ## 54 , 55 ) is DENIED. The Court certifies that the appeal is not taken in good faith and directs the Clerk to notify the Court of Appeals of this ruling in accordance with Rule 24(a)(4)(B), Federal Rules of Appellate Procedure. Signed by Judge Virginia M. Hernandez Covington on 7/3/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOHN WESTLEY,
Plaintiff,
v.

Case No. 8:17-cv-729-T-33TBM

GREGORY N. HULTMAN, ET AL.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Thomas B. McCoun’s Report and
Recommendation

(Doc.

#

57),

filed

on

June

19,

2017,

recommending that Plaintiff’s construed Motion for Leave to
Proceed on Appeal in forma pauperis (Doc. ## 54, 55) be
denied.

Plaintiff filed a pro se objection to the Report and

Recommendation. (Doc. ## 58, 59).

As stated below, the Court

adopts the Report and Recommendation of the Magistrate Judge
and overrules the filed objection.
Discussion
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).
The Report and Recommendation thoroughly and thoughtfully
addresses the issues presented and, 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

Magistrate Judge.

Judge

and

the

recommendation

of

the

The Report and Recommendation thoughtfully

addresses the issues presented, and Plaintiff’s arguments
raised in his objection do not provide a basis for rejecting
the Report and Recommendation.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 57) is ACCEPTED and
ADOPTED.
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(2)

Plaintiff’s Objection to the Report and Recommendation
(Doc. ## 58, 59) is OVERRULED.

(3)

Plaintiff’s construed Motion for Leave to Proceed on
Appeal in forma pauperis (Doc. ## 54, 55) is DENIED.

(4)

The Court certifies that the appeal is not taken in good
faith and directs the Clerk to notify the Court of
Appeals

of

this

ruling

in

accordance

with

Rule

24(a)(4)(B), Federal Rules of Appellate Procedure.
DONE and ORDERED in Chambers in Tampa, Florida, this 3rd
day of July, 2017.

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