PARKES
v.
BROWARD COUNTY OFFICE OF MEDICAL EXAMINER & TRAUMA
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The district court reviewed a magistrate judge's recommendation to dismiss plaintiff's amended complaint for failure to state a claim. The court adopted the recommendation and dismissed the case.
The district court agreed with the magistrate judge's well-reasoned analysis and recommendation that the amended complaint should be dismissed for failure to state a claim.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1).”
Establishes the standard of review applicable to magistrate judge recommendations in the district court.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed an amended complaint against the Broward County Office of Medical Examiner & Trauma. A magistrate judge conducted an initial review an…
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This matter is before the Court upon the Report and Recommendation (the “Report”) of the Honorable, Panayotta Augustin-Birch U.S. Magistrate Judge, on Plaintiff's Amended Complaint [DE 14]. In her thorough and well-reasoned Report, Judge Augustin-Birch recommends that Plaintiff's Amended Complaint be dismissed and that the case be closed. Plaintiff filed objections to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3).
The Court, having considered Judge Augustin-Birch's Report, Petitioner's objections thereto, and having conducted a de novo review of the record, agrees with Judge Augustin-Birch's well-reasoned analysis and her recommendation that the Amended Complaint be dismissed for failure to state a claim. Accordingly, it is
ORDERED that:
1) The Report and Recommendation [DE 14] is AFFIRMED and ADOPTED and incorporated by reference into this Court's Order.
2)
Plaintiff's Amended Complaint [DE 11] is DISMISSED.
3)
This case is CLOSED.
DONE and ORDERED in Fort Lauderdale, Florida, this 30th day of July, 2025.
RODNEY SMITH UNITED STATES DISTRICT JUDGE
cc: All counsel of record