April Berra v. State of Florida, et al.

Summary

The United States District Court for the Middle District of Florida adopts a magistrate judge’s Report and Recommendation and denies the plaintiff’s motions to proceed in forma pauperis and for appointment of counsel. The court dismisses the complaint without prejudice because the plaintiff had initiated a substantially identical action and permits her to file an amended complaint and amended in forma pauperis motion within 21 days. Failure to do so will result in dismissal with prejudice.

Holdings

1. When no specific objection is filed, the district court is not required to review factual findings de novo, but it may accept, reject, or modify the magistrate judge's findings and recommendations; legal conclusions are reviewed de novo even without an objection.
2. The court adopted and confirmed the Report and Recommendation, denied plaintiff's motion to proceed in forma pauperis and motion for appointment of counsel, and dismissed the complaint without prejudice.
3. Plaintiff may not proceed concurrently in two separate actions involving nearly identical complaints; any claims plaintiff intends to pursue must proceed in this case.

Questions Presented

1. What standard governs the district court's review of a magistrate judge's Report and Recommendation when no objection is filed?
2. Whether the Report and Recommendation denying in forma pauperis status and appointment of counsel and recommending dismissal without prejudice should be adopted.
3. Whether plaintiff may maintain two separate actions involving nearly identical complaints concurrently.

Disposition

dismissed