DEANNA KENT
v.
J.B. THORNHILL
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Pro se plaintiff Deanna Kent filed a federal civil complaint against her former court-appointed public defender, J.B. Thornhill. The district court adopted the magistrate judge's recommendation to deny her motion to proceed in forma pauperis and dismiss her complaint as frivolous and failing to state a claim for relief.
The motion to proceed in forma pauperis is denied because it lacks the required affidavit of indigency under 28 U.S.C. § 1915(a)(1). Additionally, the complaint is dismissed because it is frivolous and fails to state a claim for relief against the defendant.
[1] A district court must conduct a de novo review of a magistrate judge's legal conclusions, even absent an objection.
[2] A district court must conduct a de novo review of a factual issue when a party files a timely and specific objection to a magistrate judge's finding of fact.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Kent's motion to proceed in forma pauperis does not include the required affidavit of indigency. See 28 U.S.C. § 1915(a)(1).”
Establishes the procedural deficiency in Kent's motion—failure to include the affidavit required by statute.
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Join FLexlaw to unlock all legal intelligenceDeanna Kent, proceeding pro se, filed a civil complaint against J.B. Thornhill, her court-appointed public defender who has since withdrawn from repre…
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In a November 5, 2025, Report, (Doc. 9), the United States Magistrate Judge recommends denying pro se plaintiff Deanna Kent's motion to proceed in forma pauperis, (Doc. 3), and dismissing her complaint, (Doc. 1), without leave to amend. The deadline to object has passed without an objection.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review of that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even absent an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Commʼrs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
Absent an objection and after reviewing the factual allegations and legal conclusions, the Court adopts the Magistrate Judge's Report and Recommendation. As explained in the Report, Kent's motion to proceed in forma pauperis does not include the required affidavit of indigency. See 28 U.S.C. § 1915(a)(1). But I agree that even if Kent were to correct her motion, her complaint must be dismissed because it is frivolous and fails to state a claim for relief against her court-appointed public defender, who has since withdrawn from representing Kent in state court. See R&R at 3–6.
Accordingly, the following is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 9) is ADOPTED and made a part of this Order for all purposes. 2. Kent's Motion to Proceed In Forma Pauperis (Doc. 3) is DENIED. 3. Kent's Complaint (Doc. 1) is DISMISSED.
4. The Clerk is directed to TERMINATE any pending motions or
deadlines and to CLOSE the case.
ORDERED in Tampa, Florida, on November 26, 2025.
Kathryn Kimball Mizelle United States District Judge
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