HARRIS
v.
MIAMI-DADE COUNTY
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In this civil rights action arising from a death in police custody, the district court adopted a magistrate judge's report and recommendation, granting Detective Garcia's motion for bill of costs in part and awarding him $5,507.85 in costs plus interest.
Detective Garcia's motion for bill of costs was granted in part, and he was awarded $5,507.85 in costs plus interest from the date of judgment.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation.”
Establishes the standard of review for magistrate judge recommendations under 28 U.S.C. § 636(b)(1)
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Join FLexlaw to unlock all legal intelligenceSybil Harris, as personal representative of the estate of Jamar Edward Rollins, brought a civil action against Detective Andrew Garcia. The case proce…
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THIS CAUSE comes before the Court on Defendant Detective Andrew Garcia's Motion for Bill of Costs [ECF No. 162] and Verified Memorandum of Law in Support of Bill of Costs [ECF No. 163], pursuant to Local Rule 7.3(c), Federal Rule of Civil Procedure 54(d)(1), and 28 U.S.C. § 1920. This case was referred to Magistrate Judge Lauren F. Louis for a ruling on all pretrial non-dispositive matters and a report and recommendation on all dispositive matters, pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 154]. On December 19, 2024, Judge Louis held a telephonic hearing on the Motion and on January 22, 2025, she issued her report recommending that the Motion be granted in part (the “Report”). [ECF No. 169]. No objections were filed 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 objection is 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). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge Louis's well-reasoned analysis and agrees with her conclusion that the Defendant's Motion should be granted in part and that the Defendant be awarded $5,507.85 in costs.
CONCLUSION
After careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) Magistrate Judge Louis's Report and Recommendation, [ECF No. 169], is ADOPTED in full;
(2) The Defendant's Motion of Bill of Costs, [ECF No. 162] is GRANTED in part;
(3) The Defendant is awarded $5,507.85 in costs, plus interest, from the date of the judgment.
DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of February, 2025.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
2
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Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)