BENFORD
v.
FERMAN CHEVROLET AND MAZDA OF TAMPA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The district court adopted the magistrate judge's report and recommendation, denying plaintiff Benford's motion to proceed in forma pauperis and dismissing the amended complaint with prejudice against defendant Ferman Chevrolet and Mazda of Tampa.
The court adopted the magistrate judge's report and recommendation in its entirety, denying the motion to proceed in forma pauperis and dismissing the amended complaint with prejudice.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report for clear error.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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 magistrate judge reports and recommendations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Benford filed suit against Ferman Chevrolet and Mazda of Tampa and sought to proceed in forma pauperis. The case was referred to a magistrat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Proceed In Forma Pauperis cases and more on FLexlaw
This matter is before the Court on the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge. (Doc. 6). Judge Porcelli recommends the Court deny Plaintiffs motion to proceed in forma pauperis (Doc. 4) and dismiss the amended complaint with prejudice. (Doc. 3). No objection to the report and recommendation has been filed, 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). А 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
Page 1 of 2
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 Porcelli's wellreasoned report and recommendation, the Court adopts the report and recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1. Judge Porcelli's report and recommendation (Doc. 6) 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. 4) is DENIED.
3. The amended complaint (Doc. 3) is DISMISSED WITH PREJUDICE.
4. The Clerk is directed to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 11th day of September, 2024.
Jup. Bul TOM BARBER UNITED STATES DISTRICT JUDGE
Page 2 of 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)