Esquivel v. Naples Community Hospital, No. 2:2009cv00251 - Document 20 (M.D. Fla. 2009)

Court Description: OPINION AND ORDER denying 12 Motion for leave to proceed in forma pauperis/affidavit of indigency; adopting 19 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice, terminate all deadlines, and close the case. Signed by Judge John E. Steele on 9/13/2009. (RKM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LEONARDO ESQUIVEL, Plaintiff, vs. Case No. 2:09-cv-251-FtM-29SPC NAPLES COMMUNITY HOSPITAL, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #19), filed August 24, 2009, recommending that plaintiff s Affidavit of Indigency (Doc. #12), construed as a Motion to proceed in forma pauperis, be denied and the case be dismissed. No objections have been filed and the time to do so has expired. 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. 636(b)(1); 28 U.S.C. § 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. 636(b)(1)(C). 28 U.S.C. § The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern 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 an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. The case will be dismissed without prejudice to the extent that plaintiff is able to state a claim for discrimination. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #19) is hereby adopted. 2. Plaintiff s Affidavit of Indigency (Doc. #12), construed as a Motion to proceed in forma pauperis, is DENIED. 3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all deadlines, and close the case. DONE AND ORDERED at Fort Myers, Florida, this September, 2009. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Unrepresented parties -2- 13th day of

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