Opinion
8:23-cv-01227-MSS-TGW
10-17-2024
TOWANNA JOHNSON, Plaintiff, v. MELISSA GOULD, DAMIAN MICHAEL OZARK, ANGELINA COLONNESO, KEN BURTON, JR., CHARLES E. HACKNEY, Defendants.
ORDER
MARY S. SCRIVEN, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court for consideration of Plaintiff's Amended Complaint. (Dkt. 4). On April 8, 2024, United States Magistrate Judge Thomas G. Wilson issued a Report and Recommendation, recommending the Amended Complaint be dismissed with prejudice. (Dkt. 7) On May 3, 2024, Plaintiff filed her objections to the Report and Recommendation. (Dkt. 8)
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, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). 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., 37 F.3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 7), is CONFIRMED and ADOPTED as part of this Order.
2. Plaintiff's Amended Complaint, (Dkt. 4), is DISMISSED WITH PREJUDICE.
3. This case is DISMISSED WITH PREJUDICE. Any pending motions are DENIED as moot. The Clerk is directed to CLOSE this case.
DONE and ORDERED.