Simpson v. Tampa General Hospital

Middle District of Florida, flmd-8:2017-cv-01151

ORDER adopting {{4}} Report and Recommendations and dismissing {{1}} Plaintiff's Complaint without prejudice; denying as moot {{2}} Motion for leave to proceed in forma pauperis/affidavit of indigency. Plaintiff may file an amended complaint within 30 days. Signed by Judge James D. Whittemore on 6/13/2017. (AEN)

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PagelD 32 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JENNELL LAVAR SIMPSON, Plaintiff, Case No: 8: 17 - cv - 1151 - T - 27TGW TAMPA GENERAL HOSPITAL, Defendant, ORDER BEFORE THE COURT are the Report and Recommendation (Dkt. 4) of the Magistrate mu Judge recommending that Plaintiff's Complaint (Dkt. 1) be dismissed, but allow Plaintiff to file, within thirty (30) days, an amended complaint, and Plaintiff's Affidavit of Indigency construed as a motion for leave to proceed in forma pauperis (Dkt. 2) . Plaintiff has not filed objections and the time in which to do so has passed. A district court may accept, reject or modify a magistrate judge's report and recommendation. 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) . After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation PageID 33 should be adopted, confirmed, and approved in all respects. Accordingly, the Report and Recommendation (Dkt. 4) is APPROVED and ADOPTED as ON the opinion of the Court for all purposes, including for appellate review. Plaintiff's Complaint (Dkt. 1) is DISMISSED without prejudice. Plaintiff's construed motion for leave to proceed in forma pauperis (Dkt. 2) is DENIED as moot. Plaintiff may file an amended complaint within thirty (30) days, which must be accompanied by either an amended motion to proceed in forma pauperis or the filing fee. Failure to file an amended complaint will result in this case being dismissed without an am further notice. DONE AND ORDERED this 13 day of June, 2017. Mithms JAMES D. WHITTEMORE United States District Judge Copies to: Pro se Plaintiff