Opinion
Case No. 8:12-cr-306-T-33MAP
01-24-2017
UNITED STATES OF AMERICA v. HERIBERTO DE LA CRUZ
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 175), filed on January 5, 2017, recommending that Defendant's request to proceed in forma pauperis on appeal, as articulated in his Notice of Appeal (Doc. # 160) and Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis (Doc. # 162), be denied.
Defendant failed to file an objection to the Report and Recommendation, and the deadline for filing an objection has now expired. Discussion
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: (1) The Report and Recommendation (Doc. # 175) is ACCEPTED and ADOPTED. (2) Defendant's request for Leave to Proceed in forma pauperis on Appeal (Doc. # 162) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 24th day of January, 2017.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE