Davenport v. Bay Pines VA
Davenport v. Bay Pines VA
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
RONALD E. DAVENPORT,
Plaintiff, v. Case No. 8:19-cv-2506-T-33CPT
BAY PINES V.A., et al.,
Defendants. /
ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Christopher P. Tuite’s Report and Recommendation (Doc. # 22), entered on February 11, 2020, recommending the denial of pro se Plaintiff Ronald E. Davenport’s Renewed Motion to Proceed In Forma Pauperis (Doc. # 18), and the dismissal of the second amended complaint (Doc. # 17). 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). In the absence of
1 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. 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 contained in the Report and Recommendation, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED:
(1) The Report and Recommendation (Doc. # 22) is ACCEPTED and ADOPTED. (2) Pro se Plaintiff Ronald E. Davenport’s Renewed Motion to Proceed In Forma Pauperis (Doc. # 18) is DENIED without prejudice.
2 (3) The second amended complaint (Doc. # 17) is DISMISSED. (4) The Clerk is directed to CLOSE the case. DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of March, 2020.
tena hr. Hummby (nuiTh VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE
Reference
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