I.C. v. Polk County School District et al

Filing 84

ORDER: The Report and Recommendation 83 is accepted and adopted. The Clerk is directed to terminate any previously scheduled deadlines and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 12/18/2018. (JAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
I.C., a minor, by and through his
parent and natural guardian,
SUZANNE RIHA,
Plaintiffs,
v.

Case No: 8:17-cv-787-T-33AAS

POLK COUNTY SCHOOL DISTRICT,
a Florida Governmental Entity; the
SCHOOL BOARD OF POLK COUNTY, a Florida
Governmental Entity; OUR CHILDREN’S
ACADEMY, a Florida Charter School,
Defendants.
________________________________/
ORDER
This matter comes before the Court on upon consideration of
United States Magistrate Judge Amanda Arnold Sansone’s Report and
Recommendation

(Doc. #

83),

entered

on

November

29,

2017,

recommending that Plaintiff’s Unopposed Petition for Approval of
Settlement of a Minor’s Claim be granted. As of the date of this
Order, no objections have been filed and the time for filing
objections has lapsed. The Court accepts and adopts the Report and
Recommendation, and accepts, adopts, and approves the settlement
agreement (Doc. # 82).
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),
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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 now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 83) is ACCEPTED and
ADOPTED.

(2)

Plaintiff’s Unopposed Petition for Approval of Settlement of
a Minor’s Claim (Doc. # 72) is GRANTED.

(3)

The settlement agreement (Doc. # S-82) is accepted, adopted,
and approved by the Court, and the parties are ordered to
comply with the terms of the settlement agreement.
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(4)

The Clerk is directed to terminate all pending motions and

deadlines and, thereafter, CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 18th day
of December, 2017.

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