Opinion
5:22-cv-115-TPB-PRL
08-28-2023
ROBERT CONYERS, JR., as personal representative of the estate of Davon Gillians, Plaintiff, v. FNU AYERS, FNU KITCHEN, FNU PERKINS, FNU MOREY, FNU KIRKENALL, and BRYAN ANTONELLI, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
TOM BARBER, UNITED STATES DISTRICT JUDGE
This matter is before the Court on consideration of the report and recommendation of Philip R. Lammens, United States Magistrate Judge, entered on July 20, 2023. (Doc. 52). Judge Lammens recommends that the pending motions to dismiss (Docs. 34; 35; 36; 37; 38; and 40) be granted because Plaintiff has failed to state a cognizable claim under Bivens. On August 3, 2023, Plaintiff Robert Conyers, Jr., as personal representative of the estate of Davon Gillians, filed an objection. (Doc. 53). On August 17, 2023, Defendants filed responses to the objection. (Docs. 54; 55).
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1972).
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); 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. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (table).
Upon due consideration of the record, including Judge Lammens's report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Lammens's detailed and well-reasoned findings and conclusions. The objection does not provide a basis for rejecting the report and recommendation. Consequently, the motions to dismiss are due to be granted for failure to state a claim upon which relief may be granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) Judge Lammens's report and recommendation (Doc. 52) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) The motions to dismiss (Docs. 34; 35; 36; 37; 38; and 40) are GRANTED to the extent that the Court finds the amended complaint fails to state cognizable Bivens claims.
(2) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case.
DONE and ORDERED