Summary
The United States District Court for the Middle District of Florida adopts a magistrate judge’s report and recommendation. The court denies Plaintiff’s motion to proceed in forma pauperis without prejudice and dismisses the complaint without prejudice, allowing Plaintiff to file an amended complaint and amended in forma pauperis motion by February 6, 2026.
Court
United States District Court for the Middle District of Florida, Tampa Division
Jurisdiction
United States District Court for the Middle District of Florida, Tampa Division
Decision date
January 8, 2026
Docket number
8:25-cv-2944-TPB-NHA
Disposition
dismissed
Questions Presented
- What standard of review applies when no party objects to a magistrate judge's report and recommendation?
- Whether the magistrate judge's recommendation to deny the motion to proceed in forma pauperis and dismiss the complaint without prejudice should be adopted.
Holdings
- When no objection is filed to a magistrate judge's report and recommendation, the district court reviews the recommendation for clear error rather than conducting de novo review.
- The report and recommendation was affirmed, adopted, and incorporated by reference; the plaintiff's motion to proceed in forma pauperis was denied without prejudice, and the complaint was dismissed without prejudice subject to the filing of amended documents.
Court Document
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