Filed: Sep. 17, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-10370 Date Filed: 09/17/2015 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-10370 Non-Argument Calendar _ D.C. Docket No. 9:13-cv-80517-WJZ ROSWITHA ANN SAVOIE, Plaintiff-Appellee, versus RIC BRADSHAW, SHERIFF, JEROME GOLDEN CENTER, et al, Defendants-Appellants. _ Appeal from the United States District Court for the Southern District of Florida _ (September 17, 2015) Before JORDAN, JILL PRYOR, and ANDERSON, Circuit Judges. PER CURIA
Summary: Case: 14-10370 Date Filed: 09/17/2015 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-10370 Non-Argument Calendar _ D.C. Docket No. 9:13-cv-80517-WJZ ROSWITHA ANN SAVOIE, Plaintiff-Appellee, versus RIC BRADSHAW, SHERIFF, JEROME GOLDEN CENTER, et al, Defendants-Appellants. _ Appeal from the United States District Court for the Southern District of Florida _ (September 17, 2015) Before JORDAN, JILL PRYOR, and ANDERSON, Circuit Judges. PER CURIAM..
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Case: 14-10370 Date Filed: 09/17/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-10370
Non-Argument Calendar
________________________
D.C. Docket No. 9:13-cv-80517-WJZ
ROSWITHA ANN SAVOIE,
Plaintiff-Appellee,
versus
RIC BRADSHAW, SHERIFF,
JEROME GOLDEN CENTER, et al,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 17, 2015)
Before JORDAN, JILL PRYOR, and ANDERSON, Circuit Judges.
PER CURIAM:
Case: 14-10370 Date Filed: 09/17/2015 Page: 2 of 3
Roswitha Savoie appeals the dismissal of her suit on her own behalf against
various defendants in the Palm Beach Sheriff’s Office and the Jerome Golden
Center for violations of her constitutional rights.1
The district court dismissed Savoie’s case after she sought to proceed in
forma pauperis on behalf of her minor son. The magistrate judge, having
previously granted Savoie’s motion to proceed in forma pauperis on her own
behalf, had recommended that her motion on behalf of her son be denied.
However, the district court, stating that it was approving, adopting, and ratifying
the Report and Recommendation, denied the motion to proceed in forma pauperis
on behalf of her son and also dismissed the entire case. The court did not explain
its decision; and the Report and Recommendation had not addressed the merits of
Savoie’s claims on her own behalf. In fact, as mentioned earlier, the magistrate
judge had granted Savoie’s motion to proceed in forma pauperis on her own
behalf.
A district court is free to “accept, reject, or modify, in whole or in part” the
magistrate judge’s findings or recommendations. 28 U.S.C. § 636(b)(1)(C). In
other words, the court is not bound to the decision of the magistrate judge. But
when a district court fails to sufficiently explain its rulings, we will remand the
1
Savoie had also filed related claims on behalf of her minor son, Savoie-Elston. Her
appeal of the district court’s order dismissing the claims on behalf of her son was dismissed by
order of this Court dated August 5, 2014.
2
Case: 14-10370 Date Filed: 09/17/2015 Page: 3 of 3
case. Danley v. Allen,
480 F.3d 1090, 1091–92 (11th Cir. 2007). Here, there is no
explanation of the dismissal, which deprives this court of the ability to review.
And, because the magistrate judge had previously granted in forma pauperis status
to Savoie on her own, deeming the amendments she made to her complaint
satisfactory, the decision to dismiss needs explanation. Therefore, we vacate the
district court’s decision dismissing this case and remand to the district court for
further proceedings.
VACATED and REMANDED.
3