Whitham v. Salvation Army
Filing
12
ORDER: The Report and Recommendation (Doc. # 10 ) is ACCEPTED and ADOPTED. Plaintiff's motions for leave to proceed in forma pauperis (Doc. ## 2 , 7 ) are DENIED WITHOUT PREJUDICE. Plaintiff's Complaint is dismissed without prejudic e. Plaintiff is authorized to file an amended complaint, accompanied by an amended motion for leave to proceed in forma pauperis, by June 4, 2018. Failure to file an amended complaint within this period will result in dismissal of this action without further notice. Signed by Judge Virginia M. Hernandez Covington on 5/15/2018. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TYLER J. WHITHAM,
Plaintiff,
v.
Case No. 8:18-cv-513-T-33JSS
SALVATION ARMY,
Defendant.
________________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of Julie S. Sneed, United States
Magistrate Judge, (Doc. # 10) filed on April 26, 2018.
Judge
Sneed recommends that this Court deny Plaintiff’s request to
proceed in forma pauperis and also recommends that the Court
dismiss the Complaint without prejudice and with leave to file
an amended complaint within twenty days.
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).
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. # 10) is ACCEPTED and
ADOPTED.
(2)
Plaintiff’s
motions
for
leave
to
proceed
in
forma
pauperis (Doc. ## 2, 7) are DENIED WITHOUT PREJUDICE.
(3)
Plaintiff’s Complaint is dismissed without prejudice.
Plaintiff is authorized to file an amended complaint,
accompanied by an amended motion for leave to proceed in
forma pauperis, by June 4, 2018.
-2-
Failure to file an
amended complaint within this period will result in
dismissal of this action without further notice.
DONE and ORDERED in Chambers in Tampa, Florida, this 15th
day of May, 2018.
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