Ferguson v. Careersource Suncoast

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

HELEN T. FERGUSON,

Plaintiff,

v. Case No: 8:24-cv-01500-MSS-LSG

CAREERSOURCE SUNCOAST, SAMANTHA ZAGAME, KARIMA HABITY, and ALDONA DZIWOSZ

Defendants.

ORDER THIS CAUSE comes before the Court for consideration of Plaintiff’s Motion to Proceed In Forma Pauperis. (Dkt. 8) On November 5, 2024, United States Magistrate Judge Lindsay S. Griffin issued a Report and Recommendation, recommending: (i) denial of Plaintiff’s motion to proceed in forma pauperis, (Dkt. 8); (ii) dismissal with prejudice of Plaintiff’s amended complaint, (Dkt. 7); and (iii) entry of judgment of dismissal with prejudice. (Dkt. 23) On November 12, 2024, Plaintiff filed her objections to the Report and Recommendation. (Dkt. 24) 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. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection 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 findings and recommendations. 28 U.S.C. § 636(b)(1)(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). Upon consideration of the Report and Recommendation, in conjunction with

an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that: 1. The Report and Recommendation, (Dkt. 23), is CONFIRMED and ADOPTED as part of this Order.

2. Plaintiff’s Motion to Proceed In Forma Pauperis, (Dkt. 8), is DENIED. 3. Plaintiff’s Amended Complaint, (Dkt. 7), is DISMISSED WITH PREJUDICE. 4. The Clerk is DIRECTED to enter a judgment of DISMISSAL WITH PREJUDICE. Any pending motions are DENIED as moot. The Clerk is directed to CLOSE this case. DONE and ORDERED in Tampa, Florida, this 3rd day of January 2025.

MARYS. SORIVEN UNITED STATES DISTRICT JUDGE Copies furnished to: Counsel of Record Any Unrepresented Person