Demos v. United States of America et al

Filing 8

ORDER: The Report and Recommendation (Doc. # 4 ) is ACCEPTED and ADOPTED. Plaintiff's construed motion for leave to proceed in forma pauperis (Doc. # 2 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Complaint is dismissed without prejudi ce. Plaintiff is authorized to file an amended complaint by June 18, 2018. Failure to file an amended complaint within this period will result in dismissal of this action and case closure without further notice. Signed by Judge Virginia M. Hernandez Covington on 5/29/2018. (KAK)

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

Case No. 8:18-cv-1030-T-33JSS

UNITED STATES OF AMERICA, ET AL.,
Defendants.
________________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of Julie S. Sneed, United States
Magistrate Judge, (Doc. # 4) filed on May 9, 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).
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 construed motion for leave to proceed in
forma pauperis (Doc. # 2) is DENIED WITHOUT PREJUDICE.

(3)

Plaintiff’s Complaint is dismissed without prejudice.
Plaintiff is authorized to file an amended complaint by
June 18, 2018.

Failure to file an amended complaint

within this period will result in dismissal of this
action and case closure without further notice.
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DONE and ORDERED in Chambers in Tampa, Florida, this 29th
day of May, 2018.

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