Opinion
CASE NO. 8:15-CIV-1826-T-17-TBM
09-01-2015
STEVEN M. LUGO, Plaintiff, v. PASCO COUNTY, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R&R) issued by Magistrate Judge Thoms B. McCoun on August 10, 2015 (Doc. 5). The magistrate judge recommended that the Court deny the motion to motion to proceed in forma pauperis (Doc. 2).
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had fourteen (14) days after service to file written objections to the proposed findings and recommendations, or be barred from attacking the factual findings on appeal. No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report and recommendation, the district court should make a de novo review of the record with respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz , 447 U.S. 667 (1980); Jeffrey S. v. State Board of Education of State of Georgia , 896 f.2d 507 (11th Cir. 1990). However, when no timely and specific objections are filed, case law indicates that the court should review the findings using a clearly erroneous standard. Gropp v. United Airlines , Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent review of the record. Upon due consideration, the Court concurs with the report and recommendation. Accordingly, it is
ORDERED that the report and recommendation (Doc. 5) be adopted and incorporated by reference; the motion to proceed in forma pauperis (Doc. 2) be denied. The Court notes that the Plaintiff has already remitted the filing fee and that it is now his responsibiltity to serve the defendants in this case in a proper manner.
DONE and ORDERED in Chambers, in Tampa, Florida, this 1st day of September, 2015.
/s/ _________
ELIZABETH A. KOVACHEVICH
UNITED STATES DISTRICT JUDGE
Copies to: All parties and counsel of record
Assigned Magistrate Judge