DESTROMP
v.
MUSIC

M.D. Fla. | 2024-08-27
No. 8:24-cv-1148
2024 FFL 20226 District Court, M.D. Florida (2024)

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Synopsis

The District Court adopted a magistrate judge's recommendation to deny the plaintiff's motion to proceed in forma pauperis and to dismiss the amended complaint with prejudice in this case against Sony Music and several individuals.


Holding

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


Key Quotes

“a district judge may accept, reject, or modify the magistrate judge's report and recommendation”

Establishes the standard of review for magistrate judge recommendations

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Facts & Procedural History

Plaintiff Destromp filed a complaint against Sony Music, Sam Hunt, Hannah Fowler, Brad Belanger, and Robert Lawson. Plaintiff also filed a motion to p…

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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 Plaintiff's motion to proceed in forma pauperis (Doc. 5) and dismiss the complaint with prejudice. (Doc. 4). 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). 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

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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).

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. 5) is DENIED. 3. The Amended Complaint (Doc. 4) is DISMISSED WITH PREJUDICE. 4. The Clerk is directed to close this case.

DONE and ORDERED in Chambers, in Tampa, Florida, this 27th day of August, 2024.

JhP.BL TOM BARBER UNITED STATES DISTRICT JUDGE

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