Summary
This district court order adopts in part a magistrate judge’s report and recommendation concerning the defendant’s motion for taxation of costs. After noting a clerical error in the original report, the court corrected the movant designation and granted the motion, awarding the defendant $5,307.15 in costs. The order references 28 U.S.C. § 636(b)(1) and Eleventh Circuit precedent regarding de novo review of magistrate findings.
Topics
Practice areas
Questions Presented
- Whether the district court must adopt the magistrate judge's report and recommendation in part
- Whether the district court must conduct de novo review of factual findings when a party timely objects
Holdings
- The court adopted the magistrate judge’s Report and Recommendation in part and granted the defendant’s motion for taxation of costs.
- If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review of that factual issue.
Key quotations
“The Magistrate Judge’s Report and Recommendation (Doc. 55) is ADOPTED in part.”
“The Defendant’s motion for taxation of costs (Doc. 53) is GRANTED.”
Factual background
Plaintiff Cristina Francisco sued Pinellas County. The defendant moved for taxation of costs. The magistrate judge issued a report and recommendation granting the motion, which the defendant partially objected to on a clerical error.
Procedural history
The magistrate judge recommended granting the defendant's motion for taxation of costs; the district court adopted the report in part and granted the motion.