Deconti v. Rambosk et al, No. 2:2010cv00335 - Document 16 (M.D. Fla. 2010)

Court Description: OPINION AND ORDER denying 9 Motion for leave to proceed in forma pauperis/affidavit of indigency; adopting and incorporating 14 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines as moot, and close the case. Signed by Judge John E. Steele on 10/14/2010. (RKR)

Download PDF
Deconti v. Rambosk et al Doc. 16 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DIANE C. DECONTI, Plaintiff, vs. Case No. 2:10-cv-335-FtM-29DNF KEVEN RAMBOSK, Collier County Sheriff's Office, ADAM MACHIESELLO, PETE CACERES. SCOT VENTURA, SGT. WILSON, ERVIN GARRIGIA, DEPUTY RING, AND UNKNOWN OFFICERS, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #14), filed September 22, 2010, recommending that the Affidavit of Indigency (Doc. #9), construed as a motion to proceed in forma pauperis, be denied and the case dismissed. 14”, which is construed as Plaintiff filed an “Answer to Doc. objections to the Report and Recommendation. 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). A district judge “shall make a portions de novo determination of those of the report or specified proposed findings or recommendations to which objection Dockets.Justia.com is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir. 1990)(quoting H.R. 1609, 94th Cong. § 2 (1976)). 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 636(b)(1)(C). findings and recommendations. 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., 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). Plaintiff argues that the allegations in the complaint and amended complaint are sufficient pending discovery. Plaintiff further argues that striking the malicious prosecution claim was the more appropriate recommendation rather than dismissal of the case. Plaintiff also argues that her pro se status requires that she be held to a lower standard in presenting her case and be permitted to proceed to trial. The Magistrate Judge found no facts to support claims under 42 U.S.C. § 1983 for false arrest or for malicious prosecution. After conducting an independent examination of the file and upon due consideration -2- of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge and overrules the objections. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #14) is hereby adopted and the findings incorporated herein. 2. Plaintiff’s Affidavit of Indigency (Doc. #9), construed as a motion to proceed in forma pauperis, is denied. 3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending motions and deadlines as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this October, 2010. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3- 14th day of

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.