ANDREWS
v.
MARSHALL
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the defendants' motion to tax costs and granting their renewed motion to enter judgment.
Plaintiff Anita Andrews sued several defendants, including Deputy Brandon Marshall, Sergeant Robert Kizzire, Corizon Health, Inc., and Sheriff Carmine…
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HEALTH, INC. and CARMINE MARCENO,
Defendants. /
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 172). Judge McCoy recommends granting and denying in part Defendants’ Motion to Tax Costs (Doc. 162) and granting Defendants’ Renewed Motion to Enter Judgment (Doc. 163). Neither party timely objected, so the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate
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. Co., 37 F. 3d 603, 604 (11th Cir. 1994). After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 172) in full.
Accordingly, it is now ORDERED: (1) The Report and Recommendation (Doc. 172) is ACCEPTED and ADOPTED and incorporated into this Order. (2) Defendants’ Motion to Tax Costs (Doc. 162) is GRANTED and DENIED in part. a. The Motion is GRANTED in part. Defendants Brandon Marshall, Robert Kizzire, and Sheriff Carmine Marceno, in
his official capacity as Lee County Sherriff, are AWARDED $40 for expert witness fees. b. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno.
c. The Motion is DENIED in part as to the request to tax mediation and appellate clerk fees. d. The balance of the Motion is DENIED without prejudice. e. While it appears they already did so, Marshall, Kizzire, and Marceno can renew the Motion on or before June1, 2021. (3) Defendants’ Renewed Motion to Enter Judgment (Doc. 168) is
GRANTED.
a. Marshall, Kizzire, and Marceno are AWARDED $9,000 as costs of the previous action. b. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno. DONE and ORDERED in Fort Myers, Florida on May 25, 2021.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
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)