CARLOS GARCIA
v.
WELLS FARGO BANK, N.A., ET AL.
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's application to proceed in forma pauperis and dismissing the complaint without prejudice.
[1] When no party objects to a magistrate judge's report and recommendation, the district court reviews for clear error rather than conducting de novo review.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed an application to proceed in forma pauperis and a motion for expedited discovery. The magistrate judge recommended denying both withou…
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This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on October 22, 2025. (Doc. 14). Judge Flynn recommends that Plaintiff's Application to Proceed In Forma Pauperis and “Plaintiffs Motion for Expedited, Limited Discovery for Purposes of Preliminary Injunction” (Docs. 3; 10) be denied without prejudice. No party has objected, and the time to object 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); 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).
Upon due consideration of the record, including Judge Flynn's wellreasoned report and recommendation, the Court adopts the report and recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 14) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) Plaintiffs' Application to Proceed In Forma Pauperis (Doc. 3) is DENIED without prejudice to refiling should Plaintiff file an amended complaint.
(3) Plaintiff's Complaint (Doc. 1) is dismissed without prejudice and with leave to amend. Failure to file an amended complaint on or before January 6, 2026, may result in dismissal of this case with prejudice and without further notice.
(4) "Plaintiff's Motion for Expedited, Limited Discovery for Purposes of Preliminary Injunction" (Doc. 10) is DENIED without prejudice as set forth in the report and recommendation.
DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of December, 2025.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)