Opinion
Case No. 8:09-cv-2600-T-33TBM.
April 20, 2010
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun's Report and Recommendation (Doc. # 5), filed on March 30, 2010, recommending that Plaintiff's pro se affidavit of indigency, construed as a motion for leave to proceed in forma pauperis (Doc. # 2), be denied and that Plaintiff's complaint (Doc. # 1) be dismissed for lack of subject matter jurisdiction.
As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed.
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), cert. denied, 459 U.S. 1112 (1983). 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).
After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: ACCEPTED ADOPTED. in forma pauperis DENIED. DISMISSED
(1) The Report and Recommendation (Doc. # 5) is and (2) Plaintiff's construed motion for leave to proceed (Doc. # 2) is (3) Plaintiff's complaint (Doc. # 1) is for lack of subject matter jurisdiction. (4) The Clerk is directed to close this case. DONE and ORDERED in Chambers in Tampa, Florida.