Chittenden v. Hillsborough County

Filing 49

ORDER: The report and recommendation (Doc. 34) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. "Defendant's Motion for Summary Judgment" (Doc. 20) is hereby granted. The Clerk is directed to enter judgment in favor of Defendant Hillsborough County and against Plaintiff James Chittenden on Count I and Count II of the amended complaint. Following the entry of judgment, the Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 6/4/2021. (EKB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JAMES CHITTENDEN,
Plaintiff,
v.

Case No. 8:19-cv-1504-TPB-AAS

HILLSBOROUGH COUNTY,
Defendant.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on consideration of the report and
recommendation of Amanda A. Sansone, United States Magistrate Judge, entered
on March 15, 2021. (Doc. 34). Judge Sansone recommends that “Defendant’s
Motion for Summary Judgment” (Doc. 20) be granted because no reasonable jury
could conclude that Defendant discriminated against Plaintiff or retaliated against
him. On May 6, 2021, Plaintiff filed an objection to the report and
recommendation. (Doc. 42). On May 21, 2021, Defendant filed a response to the
objection. (Doc. 44). 1
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); Camby v. Davis, 718

On May 29, 2021, Plaintiff without leave of Court filed an unauthorized reply to
Defendant’s response (Doc. 46), which the Court has stricken.
1

F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir.
1982). A district court must “make a de novo determination of those portions of the
[report and recommendation] to which an objection is made.” 28 U.S.C. §
636(b)(1)(C). When no objection is filed, a court reviews the report and
recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th
Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Sansone’s report and
recommendation, the Court adopts the report and recommendation. The Court
agrees with Judge Sansone’s detailed and well-reasoned factual findings and legal
conclusions. The report and recommendation thoughtfully addresses the issues
presented, and the objection does not provide a basis for rejecting the report and
recommendation. Viewing the evidence in light most favorable to the Plaintiff, no
reasonable jury could conclude that Defendant discriminated against Plaintiff or
retaliated against him. Defendant’s motion for summary judgment is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Judge Sansone’s report and recommendation (Doc. 34) is AFFIRMED and
ADOPTED and INCORPORATED BY REFERENCE into this Order for
all purposes, including appellate review.

(2)

“Defendant’s Motion for Summary Judgment” (Doc. 20) is hereby
GRANTED.
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(3)

The Clerk is directed to enter judgment in favor of Defendant Hillsborough
County and against Plaintiff James Chittenden on Count I and Count II of
the amended complaint.

(2)

Following the entry of judgment, the Clerk is directed to terminate any
pending motions and deadlines, and thereafter close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 4th day of

June, 2021.

TOM BARBER
UNITED STATES DISTRICT JUDGE

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