Filed: Jul. 14, 2017
Latest Update: Jul. 14, 2017
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 736), filed on June 30, 2017, recommending that Lucas Lapinski's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. # 727) be denied. Lapinski filed an objection to the Report and Recommendation (Doc. # 737). As discussed below, the Court adopts the Report and Recommendat
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 736), filed on June 30, 2017, recommending that Lucas Lapinski's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. # 727) be denied. Lapinski filed an objection to the Report and Recommendation (Doc. # 737). As discussed below, the Court adopts the Report and Recommendati..
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ORDER
VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 736), filed on June 30, 2017, recommending that Lucas Lapinski's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. # 727) be denied.
Lapinski filed an objection to the Report and Recommendation (Doc. # 737). As discussed below, the Court adopts the Report and Recommendation of the Magistrate Judge.
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). If a party files a timely and specific objection to a finding of fact by the magistrate, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). 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).
The Report and Recommendation thoroughly and thoughtfully addresses the issues presented and none of the arguments raised in the objection provide a basis for rejecting the Report and Recommendation. After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review, the Court accepts the factual findings and legal conclusions of the Magistrate Judge and the recommendation of the Magistrate Judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The Report and Recommendation (Doc. # 736) is ACCEPTED and ADOPTED.
(2) Lapinski's objection (Doc. # 737) is OVERRULED.
(3) Lapinski's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. # 727) 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.
