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Westley v. Hultman

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Jul 3, 2017
Case No. 8:17-cv-729-T-33TBM (M.D. Fla. Jul. 3, 2017)

Opinion

Case No. 8:17-cv-729-T-33TBM

07-03-2017

JOHN WESTLEY, Plaintiff, v. GREGORY N. HULTMAN, ET AL., Defendants.


ORDER

This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun's Report and Recommendation (Doc. # 57), filed on June 19, 2017, recommending that Plaintiff's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. ## 54, 55) be denied. Plaintiff filed a pro se objection to the Report and Recommendation. (Doc. ## 58, 59). As stated below, the Court adopts the Report and Recommendation of the Magistrate Judge and overrules the filed objection. 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).

The Report and Recommendation thoroughly and thoughtfully addresses the issues presented and, 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. The Report and Recommendation thoughtfully addresses the issues presented, and Plaintiff's arguments raised in his objection do not provide a basis for rejecting the Report and Recommendation.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 57) is ACCEPTED and ADOPTED. (2) Plaintiff's Objection to the Report and Recommendation (Doc. ## 58, 59) is OVERRULED. (3) Plaintiff's construed Motion for Leave to Proceed on Appeal in forma pauperis (Doc. ## 54, 55) is DENIED. (4) 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)(B), Federal Rules of Appellate Procedure.

DONE and ORDERED in Chambers in Tampa, Florida, this 3rd day of July, 2017.

/s/_________

VIRGINIA M. HERNANDEZ COVINGTON

UNITED STATES DISTRICT JUDGE


Summaries of

Westley v. Hultman

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Jul 3, 2017
Case No. 8:17-cv-729-T-33TBM (M.D. Fla. Jul. 3, 2017)
Case details for

Westley v. Hultman

Case Details

Full title:JOHN WESTLEY, Plaintiff, v. GREGORY N. HULTMAN, ET AL., Defendants.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Jul 3, 2017

Citations

Case No. 8:17-cv-729-T-33TBM (M.D. Fla. Jul. 3, 2017)