EVE GREENE
v.
SARASOTA COUNTY SHERIFFS OFFICE, ET AL.
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The court denied the plaintiff's motion to proceed in forma pauperis and dismissed the complaint without prejudice, adopting the magistrate judge's recommendation.
[1] When a party does not file specific objections to a magistrate judge's report and recommendation, a district court may adopt the report's factual findings without de novo…
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Join FLexlaw to unlock all legal intelligence“A district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations.”
Statement of controlling law regarding review of magistrate reports and recommendations in the Eleventh Circuit.
Plaintiff filed an application to proceed in forma pauperis and a complaint. A magistrate judge recommended denying the motion without prejudice and a…
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THIS CAUSE comes before the Court for consideration of Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Dkt. 2), which the Court construes as a motion to proceed in forma pauperis. Also before the Court is Plaintiff's Complaint. (Dkt. 1) On November 5, 2025, United States Magistrate Judge Anthony E. Porcelli issued a Report and Recommendation, (Dkt. 7), which recommended Plaintiff's Motion to Proceed In Forma Pauperis be denied without prejudice and Plaintiff be permitted to file an amended complaint within thirty days. Plaintiff has not objected to the Report and Recommendation, and the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court DENIES Plaintiff's Motion to Proceed In Forma Pauperis and DISMISSES the Complaint without prejudice.
In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent 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. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 7), is CONFIRMED and ADOPTED as part of this Order.
2. Plaintiff's Motion to Proceed In Forma Pauperis, (Dkt. 2), is DENIED.
3. The Complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an amended complaint within thirty (30) days of the date of this Order. If Plaintiff files an amended complaint, Plaintiff shall also file an amended motion to proceed in forma pauperis. If Plaintiff fails to file an amended complaint with an amended motion to proceed in forma pauperis within the 30-day period, the dismissal shall be WITH
PREJUDICE.
DONE and ORDERED in Tampa, Florida, this 1st day of December 2025.
MARY S SCRIVEN
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)