Filed: Feb. 14, 2017
Latest Update: Feb. 14, 2017
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 110), filed on January 25, 2017, recommending that Defendant's Application to Proceed in forma pauperis on appeal (Doc. # 105) and Motion to Expedite (Doc. # 109) be denied. Defendant failed to file an objection to the Report and Recommendation, and the deadline for filing an objection has now expire
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 110), filed on January 25, 2017, recommending that Defendant's Application to Proceed in forma pauperis on appeal (Doc. # 105) and Motion to Expedite (Doc. # 109) be denied. Defendant failed to file an objection to the Report and Recommendation, and the deadline for filing an objection has now expired..
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ORDER
VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 110), filed on January 25, 2017, recommending that Defendant's Application to Proceed in forma pauperis on appeal (Doc. # 105) and Motion to Expedite (Doc. # 109) be denied.
Defendant failed to file an objection to the Report and Recommendation, and the deadline for filing an objection has now expired.
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. # 110) is ACCEPTED and ADOPTED.
(2) Defendant's Motion for Leave to Proceed in forma pauperis on Appeal (Doc. # 105) is DENIED.
(3) Defendant's "Motion to Expedite to Proceed In Forma Pauperis Under Rule 8(c)" (Doc. # 109) is DENIED.
(4) The Court certifies that the appeal is not taken in good faith and directs the Clerk to notify the Court of Appeals of this ruling in accordance with Rule 24(a)(4)(B), Federal Rules of Appellate Procedure.
DONE and ORDERED.