Garner v. United States of America et al

Middle District of Florida, flmd-8:2016-cv-02158

ORDER adopting {{4}} REPORT AND RECOMMENDATIONS; denying {{2}} MOTION for Leave to Proceed in forma pauperis filed by Valencia Garner; DISMISSING case without prejudice. The Clerk is directed to CLOSE the file. Signed by Judge James D. Whittemore on 9/13/2016. (AO)

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PageID 89 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION VALENCIA GARNER, Plaintiff, Case No: 8: 16 - cy - 2158 - 1 - 27TGW UNITED STATES OF AMERICA,U.S. ATTORNEY, et al ., Defendants. num ORDER BEFORE THE COURT is the Report and Recommendation of the Magistrate Judge OMI recommending that Plaintiff's motion for leave to proceed in forma pauperis (Dkt. 2) be denied and that Plaintiff's Complaint be dismissed, with leave to amend in a more appropriate venue. (Dkt. 4) . Plaintiff has not filed objections and the time in which to do so has passed. Upon consideration, the Report and Recommendation is adopted as the opinion of the Court, Plaintiff's motion to proceed in forma pauperis is denied, and Plaintiff's Complaint is dismissed. A district court may accept, reject or modify a magistrate judge's report and recommendation. com 28U.S. C. § 636 (b) (1) . In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. $ 636 (b) (1) (C); Garvey v. Vaughn, 993 F. 2d 776, 779 n. 9 (11th Cir. 1993) . Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 Fed. App ' x. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F. 2d 347, 348 (11th Cir. 1982)); Cooper - Houston v. S. Ry. Co ., 37 F. 3d 603, 604 (11th Cir. 1994) . PageID 90 Accordingly, the Report and Recommendation (Dkt. 4) is APPROVED and ADOPTED as the opinion of the Court for all purposes, including for appellate review. Plaintiff's motion to proceed in forma pauperis (Dkt. 2) is DENIED and her Complaint (Dkt. 1) is DISMISSED without prejudice. Should Plaintiff intend to file an amended complaint, she should do so in the Orlando division of this court, or in the Northern District of Georgia. The Clerk is directed to CLOSE the file. DONE AND ORDERED this 15 day of September, 2016. Mittern JAMES D. WHITTEMORE United States District Judge Copies to: pro se plaintiff Counsel of Record See Wilkinson v. Sec ' y, Florida Dep ' t of Corr ., 622 Fed. App ' x 805, 809 (11th Cir. 2015) (recognizing that a district court may dismiss a suit sua sponte for lack of venue, after giving the parties an opportunity to present their views on the issue, and finding that the plaintiff was provided notice via a magistrate judge's report and given an opportunity to present argument via objections to that report) .