RAFAEL BELTRE
v.
HRB TAX GROUP, INC., ET AL.
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The District Court for the Middle District of Florida adopted a magistrate judge's report and recommendation, denying plaintiff Rafael Beltre's motion to proceed in forma pauperis and dismissing his action against HRB Tax Group, Inc. without prejudice.
The Court adopted the magistrate judge's report and recommendation in full. The motion to proceed in forma pauperis was denied and the action was dismissed without prejudice. The plaintiff's objection did not provide a basis for overruling the magistrate judge's recommendation.
[1] A district court must conduct a de novo review of those portions of a magistrate judge's report and recommendation to which an objection is made.
[2] A district court may review a magistrate judge's report and recommendation for clear error when no objection is filed.
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the standard of review for district court consideration of magistrate judge reports and recommendations.
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Join FLexlaw to unlock all legal intelligencePlaintiff Rafael Beltre filed an action against HRB Tax Group, Inc. and other defendants in the U.S. District Court for the Middle District of Florida…
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This matter is before the Court on the "Report and Recommendation" of United States Magistrate Judge Amanda Arnold Sansone, entered on October 30, 2025. (Doc. 15). In her well-reasoned report, Judge Sansone recommends that Plaintiff's motion to proceed in forma pauperis (Doc. 2) be denied and that the action be dismissed without prejudice. Plaintiff filed an objection on November 19, 2025. (Doc. 19).
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 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).
After careful consideration of the record, including Judge Sansone's well-reasoned report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sansone's findings and legal conclusions, and Plaintiffs objection does not provide a basis for overruling the report and recommendation.
It is therefore
ORDERED, ADJUDGED, and DECREED:
1. Judge Sansone's “Report and Recommendation” (Doc. 15) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED.
3. This action is DISMISSED WITHOUT PREJUDICE.
4. 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 29th day of December, 2025.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)