Opinion

McCarthy v. St. Lucie County Board of Commissioners

Court
District Court, S.D. Florida
Filed
Mar 27, 2023
Cited by
0 cases
Authority
More cited than 20.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO. 22-14350-CIV-CANNON/McCabe

JOHN C. MCCARTHY,

Plaintiff,

v.

ST. LUCIE COUNTY BOARD OF COMMISSIONERS

and LASHERI BAKER,

Defendants.

_______________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION [ECF No. 10]

THIS CAUSE comes before the Court upon the Magistrate Judge’s Report and

Recommendation on Defendants’ Motion to Dismiss Plaintiff’s Complaint (the “Report”)

[ECF No. 10], filed on February 10, 2023. On December 1, 2022, Defendants filed a Motion to

Dismiss Plaintiff’s Complaint (the “Motion”) [ECF No. 6]. On February 10, 2023, following

referral, Judge McCabe issued a Report recommending that the Motion be granted [ECF No. 10

pp. 1, 12]. Objections to the Report were due on February 24, 2023 [ECF No. 10 p. 13]. No party

filed objections, and the time to do so has expired [ECF No. 10 p. 13].

To challenge the findings and recommendations of a magistrate judge, a party must file

specific written objections identifying the portions of the proposed findings and recommendation

to which objection is made. See Fed. R. Civ. P. 72(b)(3); Heath v. Jones, 863 F.2d 815, 822

(11th Cir. 1989); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). A district court

reviews de novo those portions of the report to which objection is made and may accept, reject,

or modify in whole or in part, the findings or recommendations made by the magistrate judge.

28 U.S.C. § 636(b)(1). To the extent a party fails to object to parts of the magistrate judge’s report,

CASE NO. 22-14350-CIV-CANNON/McCabe

the Court may accept the recommendation so long as there is no clear error on the face of the

record. Macort, 208 F. App’x at 784. Legal conclusions are reviewed de novo, even in the absence

of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010); Cooper-Houston

v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).

Following review of the unobjected-to Report, it is hereby

ORDERED AND ADJUDGED as follows:

1. The Report and Recommendation [ECF No. 10] is ACCEPTED.

2. The Motion [ECF No. 6] is GRANTED.

3. Plaintiff will have one final opportunity to file an Amended Complaint that is

consistent with the Report [ECF No. 10], but any such Amended Complaint must be

filed on or before April 10, 2023, as a separate docket entry on the docket .' Plaintiff

is reminded that the filing of an Amended Complaint supersedes and replaces the

original complaint. See Reynolds v. Behrman Cap. IV L.P., 988 F.3d 1314, 1319 (11th

Cir.), cert. denied, 142 S. Ct. 239 (2021).

DONE AND ORDERED in Chambers at Fort Pierce, Florida this 27th day of March 2023.

AILEE Z

UNITED STATES DISTRICT JUDGE

ce: counsel of record

' Following issuance of Judge McCabe’s Report, and prior to the Court’s resolution of the Report,

Plaintiff filed an unauthorized Amended Complaint [ECF No. 11]; the Court therefore struck

Plaintiff's Amended Complaint [ECF No. 12].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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