ANA MARIA RODRIGUEZ
v.
CITY OF PORT RICHEY ET AL.
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The court denied the plaintiff's motion to proceed in forma pauperis and dismissed the complaint without prejudice, adopting the magistrate judge's report and recommendation.
[1] When a party fails to object to a magistrate judge's report and recommendation within the prescribed deadline, the district court is not required to conduct a de novo rev…
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Join FLexlaw to unlock all legal intelligence“In the absence of specific objections, there is no requirement that a district judge review factual findings de novo...and the court may accept, reject, or modify, in whole or in part, the findings and recommendations.”
Discussion of appellate review standards for magistrate judge recommendations
Plaintiff filed an application to proceed in forma pauperis and a complaint. A magistrate judge recommended denying the motion and dismissing the comp…
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THIS CAUSE comes before the Court for consideration of Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Dkt. 2), which the Court construes as a motion to proceed in forma pauperis. Also before the Court is Plaintiff's Complaint. (Dkt. 1) On October 23, 2025, United States Magistrate Judge Sean P. Flynn issued a Report and Recommendation. (Dkt. 3) Judge Flynn recommended that Plaintiff's Motion to Proceed In Forma Pauperis be denied and the Complaint be dismissed with leave to amend. (Id.) Plaintiff has not objected to the Report and Recommendation, and the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court DENIES Plaintiff's Motion to Proceed In Forma Pauperis and DISMISSES the Complaint without prejudice.
In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). 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. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court finds that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 3), is CONFIRMED and ADOPTED as part of this Order.
2. Plaintiff's Motion to Proceed In Forma Pauperis, (Dkt. 2), is
DENIED.
3. The Complaint is DISMISSED WITHOUT PREJUDICE.
Plaintiff may file an amended complaint within TWENTY-ONE (21) DAYS of the date of this Order. If Plaintiff files an amended complaint, Plaintiff shall also file an amended motion to proceed in forma pauperis. If Plaintiff fails to file an amended complaint with an amended motion to proceed in forma pauperis within the 21-day period, the dismissal shall be WITH PREJUDICE.
DONE and ORDERED in Tampa, Florida, this 17th day of November 2025.
MARY S. SCRIVEN
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)