HAAN
v.
CVS INC.
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion to proceed in forma pauperis and dismissing the amended complaint.
The plaintiff filed a motion for leave to proceed in forma pauperis and an amended complaint. The magistrate judge recommended denying the motion and …
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This matter is before the Court on consideration of the report and recommendation of Amanda A. Sansone, United States Magistrate Judge, entered on April 7, 2020. (Doc. 21). Judge Sansone recommends Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 1) be denied, and his latest amended complaint (Doc. 15) be dismissed because Plaintiff fails to state a cause of action against each Defendant. On April 10, 2020, Plaintiff filed an objection to the report and recommendation. (Doc. 22). 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); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). 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. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994);
Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Sansone’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sansone’s detailed and well-reasoned factual findings and legal conclusions. The report and recommendation thoughtfully addresses the issues
presented, and the objection does not provide a basis for rejecting the report and recommendation. Plaintiff had several opportunities to file a facially sufficient complaint, but he failed to do so even after Judge Sansone specifically identified numerous pleading deficiencies. Consequently, Plaintiff’s in forma pauperis motion is denied, and this action is dismissed. Accordingly, it is ORDERED, ADJUDGED, and DECREED:
(1) Judge Sansone’s report and recommendation (Doc. 21) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 1) is hereby
DENIED.
(2) This case is DISMISSED. 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 13th day of April, 2020.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
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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)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)