Farrell v. Geithner et al, No. 2:2012cv00026 - Document 64 (M.D. Fla. 2013)
Court Description: OPINION AND ORDER denying 59 motion to add defendant and cause of action; adopting and incorporating 61 Report and Recommendations. Signed by Judge John E. Steele on 7/29/2013. (RKR)
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Farrell v. Geithner et al Doc. 64 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PATRICK LORNE FARRELL, Plaintiff, vs. Case No. 2:12-cv-26-FtM-29DNF TIM GEITHNER, Dept. of Treasury, DOUGLAS SHULMAN, Internal Revenue, BEN BERNANKE, Federal Reserve, CHRISTINE LA GARDE, I.M.F., Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #61), filed July 2, 2013, recommending that plaintiff s Motion to Add Defendant and Cause of Action be denied. No objections have been filed and the time to do so has expired.1 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 1 After issuance of the Report and Recommendation, plaintiff filed an Affidavit (Doc. #62) with attachments seeking monetary relief and a Notice to the Court and Attachments (Doc. #63) alleging that the IRS stole from him based on charges on his Wal Mart card from a private tax services company. Neither document appears to be responsive to the Report and Recommendation. Dockets.Justia.com 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 that the request to add defendant and add a claim would be futile. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #61) is hereby adopted and the findings incorporated herein. 2. Plaintiff s Motion to Add Defendant and Cause of Action (Doc. #59) is denied. DONE AND ORDERED at Fort Myers, Florida, this July, 2013. -2- 29th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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