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Barr v. One Touch Direct, LLC, 8:15-cv-2391-T-33MAP. (2016)

Court: District Court, M.D. Florida Number: infdco20160902c35 Visitors: 5
Filed: Sep. 02, 2016
Latest Update: Sep. 02, 2016
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter comes before the Court upon consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 121), filed on August 15, 2016. The time for filing objections has passed and no objections have been filed. For the reasons below, the Court accepts and adopts the Report and Recommendation, and denies pro se Plaintiff Alfred Barr's Motion for Permission to Appeal in Forma Pauperis (Doc. # 115
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ORDER

This matter comes before the Court upon consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 121), filed on August 15, 2016. The time for filing objections has passed and no objections have been filed. For the reasons below, the Court accepts and adopts the Report and Recommendation, and denies pro se Plaintiff Alfred Barr's Motion for Permission to Appeal in Forma Pauperis (Doc. # 115).

I. Background

On June 17, 2016, Barr filed a notice of appeal, indicating that he is appealing several Orders; namely, the Orders entered at docket entries 59, 75, 78, 82, 83, 85, 89, 90, and 110.1 (Doc. # 111). As Judge Pizzo observed, "[t]hese rulings either resolve discovery issues, or deal with miscellaneous pretrial matters, or dismiss certain parties from the case," but they did not "end[] the litigation in any final way . . . ." (Doc. # 121 at 1). Thereafter, Barr filed the pending Motion, seeking leave to prosecute his appeal in forma pauperis. (Doc. # 115). On August 15, 2016, Judge Pizzo entered his Report and Recommendation, which recommends that Barr's Motion should be denied because he is attempting to take an interlocutory appeal. (Doc. # 121).

II. Discussion

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. 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 now

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation (Doc. # 121) is ACCEPTED and ADOPTED. (2) Pro se Plaintiff Alfred Barr's Motion for Permission to Appeal in Forma Pauperis (Doc. # 115) is DENIED.

DONE and ORDERED.

FootNotes


1. The Court notes that docket entry 110 is the minute entry for the June 17, 2016, hearing held by Judge Pizzo. The Order denying Barr's motions that were the impetus for the hearing is docketed at entry 112.
Source:  Leagle

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