Johnson v. Hillsborough County Circuit Court

Middle District of Florida, flmd-8:2016-cv-00761

ORDER: The Report and Recommendation (Doc. # {{4}}) is ACCEPTED and ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis (Doc. # {{2}}) is DENIED WITHOUT PREJUDICE. Plaintiff's Complaint (Doc. # {{1}}) is dismissed without preju dice. Plaintiff may file an amended complaint that complies with the Federal Rules of Civil Procedure on or before May 20, 2016. Failure to file an amended complaint within this period will result in dismissal of this action without further notice. Plaintiff shall either pay the filing fee to continue this action or file a notarized and complete Affidavit of Indigency upon filing an amended complaint. Signed by Judge Virginia M. Hernandez Covington on 4/20/2016. (BLB)

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PageID 66 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SHERRY K. JOHNSON, Plaintiff, v. Case No. 8:16-cv-761-T-33JSS HILLSBOROUGH COUNTY CIRCUIT COURT, Defendant. ________________________________/ ORDER This matter is before the Court in consideration of the Report and Recommendation of Julie S. Sneed, United States Magistrate Judge, (Doc. # 4), filed on March 31, 2016. Judge Sneed recommends that this Court deny Plaintiff's Motion for Leave to Proceed in Forma Pauperis without prejudice and dismiss the Complaint without prejudice, with leave to file an amended complaint. No objections have been filed, and the time for the submission of objections has expired. 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. PageID 67 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). 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 ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 4) is ACCEPTED and ADOPTED. (2) Plaintiff's motion for leave to proceed in forma pauperis (Doc. # 2) is DENIED WITHOUT PREJUDICE. (3) Plaintiff's Complaint (Doc. # 1) is dismissed without prejudice. Plaintiff may file an amended complaint that complies with the Federal Rules of Civil Procedure on or before May 20, 2016. Failure to file an amended complaint -2- PageID 68 within this period will result in dismissal of this action without further notice. (4) Plaintiff shall either pay the filing fee to continue this action or file a notarized and complete Affidavit of Indigency upon filing an amended complaint. DONE and ORDERED in Chambers in Tampa, Florida, this 20th day of April, 2016. -3-