Opinion
Case No: 2:16-cv-814-SPC-MRM
05-25-2021
ANITA ANDREWS, Plaintiff, v. DEPUTY BRANDON MARSHALL, SERGEANT ROBERT KIZZIRE, CORIZON HEALTH, INC. and CARMINE MARCENO, Defendants.
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Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation ("R&R") (Doc. 172). Judge McCoy recommends granting and denying in part Defendants' Motion to Tax Costs (Doc. 162) and granting Defendants' Renewed Motion to Enter Judgment (Doc. 163). Neither party timely objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of 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. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 172) in full.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 172) is ACCEPTED and ADOPTED and incorporated into this Order.
(2) Defendants' Motion to Tax Costs (Doc. 162) is GRANTED and DENIED in part.
a. The Motion is GRANTED in part. Defendants Brandon Marshall, Robert Kizzire, and Sheriff Carmine Marceno, in his official capacity as Lee County Sherriff, are AWARDED $40 for expert witness fees.
b. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno.
c. The Motion is DENIED in part as to the request to tax mediation and appellate clerk fees.
d. The balance of the Motion is DENIED without prejudice.
e. While it appears they already did so, Marshall, Kizzire, and Marceno can renew the Motion on or before June 1, 2021.
(3) Defendants' Renewed Motion to Enter Judgment (Doc. 163) is GRANTED.
a. Marshall, Kizzire, and Marceno are AWARDED $9,000 as costs of the previous action.
b. The Clerk is DIRECTED to enter judgment in favor of Marshall, Kizzire, and Marceno.
DONE and ORDERED in Fort Myers, Florida on May 25, 2021.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record