Opinion
Case No. 8:08-cv-2023-T-33MAP.
January 20, 2010
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 48), filed on December 29, 2009, recommending that Plaintiff's affidavit of indigency, construed as a motion for leave to proceed in forma pauperis on appeal (Doc. # 47), be denied.
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.
On January 15, 2010, Plaintiff filed a one-page objection to this Court's order dismissing his ADA claim. (Doc. # 49). Because Plaintiff's objection does not mention the Report and Recommendation or discuss any matters raised in the Report and Recommendation, the Court does not construe the objection as an objection to the Report and Recommendation.
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.
(1) The Report and Recommendation (Doc. # 48) is and (2) Plaintiff's motion for leave to proceed on appeal (Doc. # 47) is (3) The Court certifies that the appeal is not taken in good faith and directs the Clerk to notify the Court of Appeals of this ruling in accordance with Rule 24(a)(4) of the Federal Rules of Appellate Procedure. DONE and ORDERED in Chambers in Tampa, Florida.