Opinion
Case No. 8:13-cv-2455-T-17AEP
07-01-2015
PRESTON LEONARD SCHOFIELD Plaintiff, v. JANE CASTOR, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (the "R&R") Magistrate Judge Anthony E. Porcelli issued May 15, 2015. (Doc. # 30). Magistrate Judge Porcelli recommended denying Plaintiff's request to proceed in forma pauperis. (Docs. ## 27, 30). Neither party objected to Magistrate Judge Porcelli's R&R. For the reasons that follow, the Court ADOPTS the R&R.
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). No timely objections were filed.
DISCUSSION
The Court has reviewed the report and recommendation and made an independent review of the request and associated record. The Court agrees with Magistrate Judge Porcelli's detailed review of the procedural posture of this case and application of the law. As presented, "Plaintiff's appeal is clearly baseless and lacks an arguable basis in fact." (Doc. # 30). Accordingly, it is
ORDERED that the Report and Recommendation, (Doc. # 30), is ADOPTED and incorporated by reference; the Plaintiff's request to proceed in forma pauperis is DENIED. The Clerk of Court is directed to notify the United States Court of Appeals for the Eleventh Circuit that Plaintiff's request has been denied.
DONE and ORDERED in Chambers, in Tampa, Florida, this 1st day of July, 2015.
/s/_________
ELIZABETH A. KOVACHEVICH
UNITED STATES DISTRICT JUDGE
Copies to: All parties and counsel of record
Assigned Magistrate Judge