Garrette v. Gracepoint Mental Health Facility et al

Middle District of Florida, flmd-8:2016-cv-02645

ORDER: The Report and Recommendation (Doc. # {{6}}) is accepted and adopted. Plaintiff Denise Garrette's Motion for Leave to Proceed in forma pauperis (Doc. # {{2}}) is denied. Plaintiff Garrette's Complaint is dismissed with prejudice. The Clerk is directed to terminate all pending motions and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 12/12/2016. (DMD)

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PageID 87 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DENISE GARRETTE, Plaintiff, v. Case No: 8:16-cv-2645-T-33TBM GRACEPOINT MENTAL HEALTH FACILITY and HILLSBOROUGH COUNTY SHERIFF, Defendants. ______________________________/ ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Thomas B. McCoun III's Report and Recommendation (Doc. # 6), entered on November 20, 2016, recommending that Plaintiff Denise Garrette's construed Motion for Leave to Proceed in forma pauperis be denied and Garrette's Complaint be dismissed with prejudice. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation, denies the Motion for Leave to Proceed in forma pauperis, and dismisses the Complaint with prejudice. I. Background Garrette, proceeding pro se, filed her Complaint on September 14, 2016. In the rambling and disorganized 1 PageID 88 Complaint, Garrette alleges violations of Title VI, due process, and the First and Fourth Amendments, by Gracepoint Mental Health Facility and the Hillsborough County Sheriff. (Doc. # 1). Thereafter, Garrette filed an Affidavit of Indigency, which the Court construes as a Motion for Leave to Proceed in forma pauperis (Doc. # 2), and which was referred to Judge McCoun. Judge McCoun subsequently entered the Report and Recommendation considered herein. II. Discussion 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), cert. denied, 459 U.S. 1112 (1983). 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. 2 PageID 89 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). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 6) is ACCEPTED and ADOPTED. (2) Plaintiff Denise Garrette's Motion for Leave to Proceed in forma pauperis (Doc. # 2) is DENIED. (3) Plaintiff Garrette's Complaint is DISMISSED WITH PREJUDICE. (4) The Clerk is directed to terminate all pending motions and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 12th day of December, 2016. 3