Opinion
2:16-cv-814-SPC-MRM
08-31-2021
ANITA ANDREWS, Plaintiff, v. DEPUTY BRANDON MARSHALL, SERGEANT ROBERT KIZZIRE, CORIZON HEALTH, INC. and CARMINE MARCENO, Defendants.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (“R&R”) (Doc. 179). Judge McCoy recommends granting and denying in part Defendants' Renewed Motion to Tax Costs (Doc. 173). 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. 179) in full.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 179) is ACCEPTED and ADOPTED and incorporated into this Order.
(2) Defendants' Renewed Motion to Tax Costs (Doc. 173) is GRANTED in part and DENIED in part as follows:
a. The motion is granted to the extent Defendants are awarded $454 in fees for service;
b. The motion is granted to the extent Defendants are awarded $3, 864.30 in fees of the Court Reporter;
c. The motion is granted to the extent Defendants are awarded $80 for witness fees;
d. The Clerk of Court is DIRECTED to enter an amended cost judgment for Defendants Brandon Marshall, Robert Kizzire, and Sheriff Carmine Marceno, in his official capacity as Lee County Sheriff with the amended amount being $13, 438.30;
e. The motion is denied to the extent it seeks any greater or different relief.
DONE and ORDERED.