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Lara v. Moghraby, 8:19-cv-2798-T-60SPF. (2020)

Court: District Court, M.D. Florida Number: infdco20200130a99 Visitors: 8
Filed: Jan. 29, 2020
Latest Update: Jan. 29, 2020
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION TOM BARBER , District Judge . This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on January 6, 2020. (Doc. #10). Judge Flynn recommends Plaintiffs' construed motions for leave to proceed in forma pauperis (Doc. ##2, 3) be denied, and their complaint be dismissed because Plaintiffs failed to timely file an amended complaint. Neither Plaintiffs nor Defendants fi
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on January 6, 2020. (Doc. #10). Judge Flynn recommends Plaintiffs' construed motions for leave to proceed in forma pauperis (Doc. ##2, 3) be denied, and their complaint be dismissed because Plaintiffs failed to timely file an amended complaint. Neither Plaintiffs nor Defendants filed an objection to the report and recommendation, and the time to object 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 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).

Upon due consideration of the record, including Judge Flynn's report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Flynn's detailed and well-reasoned factual findings and legal conclusions. Consequently, this action is dismissed.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) Judge Flynn's report and recommendation (Doc. #10) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Plaintiffs' construed motions for leave to proceed in forma pauperis (Doc. ##2, 3) are hereby denied. (2) This action is DISMISSED WITH PREJUDICE. The Clerk is directed to terminate any pending motions and deadlines and thereafter close this case.

DONE and ORDERED.

Source:  Leagle

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