HARRIS
v.
PINELLAS COUNTY, FLORIDA
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Harris sued Pinellas County, Florida, and the district court adopted a magistrate judge's recommendation to dismiss the complaint without prejudice, allowing Harris to amend and resubmit the complaint by February 17, 2025.
The district court adopted the magistrate judge's reports and recommendations in full, dismissing the complaint without prejudice with leave to amend, and denying the in forma pauperis motion without prejudice with leave to file a new motion.
“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.”
Establishes the standard of review for magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
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Join FLexlaw to unlock all legal intelligenceHarris filed a complaint against Pinellas County, Florida. The magistrate judge issued reports and recommendations on December 20, 2024, and December …
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This matter is before the Court on consideration of the reports and recommendations of Thomas G. Wilson, United States Magistrate Judge, entered on December 20, 2024, and on December 30, 2024 (Docs. 3; 4). Judge Wilson recommends that Plaintiff's complaint (Doc. 1) be dismissed without prejudice, and that his motion to proceed without costs be denied without prejudice. No objections to the reports and recommendations have been filed, and the time to object has expired.
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); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Wilson's reports and recommendations, the Court adopts the reports and recommendations in full. Consequently, the complaint is dismissed without prejudice, with leave to amend. The motion to proceed in forma pauperis is denied without prejudice, with leave to file a new motion along with the amended complaint.
Accordingly, it is ORDERED, ADJUDGED, and DECREED:
(1) Judge Wilson's reports and recommendations (Docs. 3; 4) are AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE, with leave to amend. The Application to Proceed in District Court without Prepaying Fees and Costs is DENIED WITHOUT PREJUDICE.
(3) Plaintiff is directed to file an amended complaint and motion to proceed without costs on or before February 17, 2025. Failure to file an amended complaint as directed will result in this Order becoming a final judgment. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F. 3d 707, 719-20 (11th Cir. 2020).
DONE and ORDERED in Chambers, in Tampa, Florida, this 17th day of January, 2025.
Jhp.Bl
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)