Carlos Garcia v. Wells Fargo Bank, N.A., et al.

• Court: District Court, M.D. Florida
• Decided: December 2, 2025
• Docket: 8:25-cv-02227
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

CARLOS GARCIA,

Plaintiff,

v. Case No. 8:25-cv-2227-TPB-SPF

WELLS FARGO BANK, N.A., et al.,

Defendants. ____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on October 22, 2025. (Doc. 14). Judge Flynn recommends that Plaintiff’s Application to Proceed In Forma Pauperis and “Plaintiff’s Motion for Expedited, Limited Discovery for Purposes of Preliminary Injunction” (Docs. 3; 10) be denied without prejudice. No party has objected, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the

Page 1 of 3 magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A district court must “make a de novo

determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982). Upon due consideration of the record, including Judge Flynn’s well-

reasoned report and recommendation, the Court adopts the report and recommendation. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) The report and recommendation (Doc. 14) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

(2) Plaintiffs’ Application to Proceed In Forma Pauperis (Doc. 3) is DENIED without prejudice to refiling should Plaintiff file an amended complaint.

Page 2 of 3 (3) Plaintiff's Complaint (Doc. 1) is dismissed without prejudice and with leave toamend. Failure to file an amended complaint on or before January 6, 2026, may result in dismissal of this case with prejudice and without further notice. (4) “Plaintiffs Motion for Expedited, Limited Discovery for Purposes of Preliminary Injunction” (Doc. 10) is DENIED without prejudice as set forth in the report and recommendation. DONE and ORDERED in Chambers, in Tampa, Florida, this 2.4 day of December, 2025.

NAP. GA. TOMBARBER =———(‘“‘C;;*~*~™ UNITED STATES DISTRICT JUDGE

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