BENFORD
v.
FERMAN CHEVROLET AND MAZDA OF TAMPA

M.D. Fla. | 2024-09-11
No. 8:24-cv-1284
2024 FFL 22082 District Court, M.D. Florida (2024)

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Synopsis

The district court adopted the magistrate judge's report and recommendation, denying plaintiff Benford's motion to proceed in forma pauperis and dismissing the amended complaint with prejudice against defendant Ferman Chevrolet and Mazda of Tampa.


Holding

The court adopted the magistrate judge's report and recommendation in its entirety, denying the motion to proceed in forma pauperis and dismissing the amended complaint with prejudice.


Headnotes

[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.

[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report for clear error.

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Key Quotes

“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 reports and recommendations

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Facts & Procedural History

Plaintiff Benford filed suit against Ferman Chevrolet and Mazda of Tampa and sought to proceed in forma pauperis. The case was referred to a magistrat…

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Opinion of the Court

This matter is before the Court on the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge. (Doc. 6). Judge Porcelli recommends the Court deny Plaintiffs motion to proceed in forma pauperis (Doc. 4) and dismiss the amended complaint with prejudice. (Doc. 3). No objection to the report and recommendation has 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). А 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

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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).

After careful consideration of the record, including Judge Porcelli's wellreasoned report and recommendation, the Court adopts the report and recommendation.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

1. Judge Porcelli's report and recommendation (Doc. 6) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

2. Plaintiff's motion to proceed in forma pauperis (Doc. 4) is DENIED.

3. The amended complaint (Doc. 3) is DISMISSED WITH PREJUDICE.

4. The Clerk is directed to close this case.

DONE and ORDERED in Chambers, in Tampa, Florida, this 11th day of September, 2024.

Jup. Bul TOM BARBER UNITED STATES DISTRICT JUDGE

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