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Case 3:11-cv-00114-MMH-TEM Document 43 Filed 09/20/13 Page 1 of 3 PageID 250

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

TIMOTHY K. LWANGA,

Plaintiff,

vs.

Case No. 3:11-cv-114-J-34TEM

REGIONAL MEDICAL DIRECTOR DR.
PAGE SMITH, et al.,

Defendants.

_____________________________________

O R D E R

THIS CAUSE is before the Court on Magistrate Judge Thomas E. Morris’ Report and

Recommendation (Dkt. No. 42; Report), entered on August 27, 2013. In the Report,

Magistrate Judge Morris recommends that Defendant Hall’s Motion to Dismiss (Dkt. No. 37)

be granted, that Plaintiff’s claim for monetary damages from Defendant Hall in his official

capacity be dismissed, that Plaintiff’s claim of verbal abuse be dismissed as frivolous, that

Defendant Hall be dismissed, that Plaintiff’s claim against Defendant Dr. Page Smith be

dismissed as frivolous, that the “unknown medical personnel” be dismissed, that the Court

find Plaintiff’s claim for injunctive relief to be moot, and that the Clerk be directed to enter

judgment and close the case. See Report at 20-21. No objections to the Report have been

filed, and the time for doing so has now passed.

The Court “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). If no specific

objections to findings of fact are filed, the district court is not required to conduct a de novo

Case 3:11-cv-00114-MMH-TEM Document 43 Filed 09/20/13 Page 2 of 3 PageID 251

review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see

also 28 U.S.C. 636(b)(1). However, the district court must review legal conclusions de novo.

See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States

v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14, 2007).

Upon independent review of the file and for the reasons stated in the Magistrate

Judge’s Report, the Court will accept and adopt the legal and factual conclusions

recommended by the Magistrate Judge. Accordingly, it is hereby

ORDERED:

1.

Magistrate Judge Morris’ Report and Recommendation (Dkt. No. 42) is

ADOPTED by the Court.

2.

Defendant Hall’s Motion to Dismiss (Dkt. No. 37) is GRANTED, and Defendant

Hall is DISMISSED as a Defendant in this action.

3.

Plaintiff’s claim for monetary damages from Defendant Hall in his official

capacity is DISMISSED.

4.

Plaintiff’s claim of verbal abuse is DISMISSED as frivolous pursuant to 28

U.S.C. § 1915(e)(2)(B).

5.

Plaintiff’s claim against Defendant Dr. Page Smith is DISMISSED as frivolous

pursuant to 28 U.S.C. § 1915(e)(2)(B).

6.

7.

The “unknown medical personnel” are DISMISSED as Defendants in this case.

Plaintiff’s claim for injunctive relief is MOOT.

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Case 3:11-cv-00114-MMH-TEM Document 43 Filed 09/20/13 Page 3 of 3 PageID 252

8.

The Clerk of the Court is directed to enter judgment in accordance with this

Order, terminate all pending motions and deadlines as moot, and close the case.

DONE AND ORDERED in Jacksonville, Florida, this 20th day of September, 2013.

ja

Copies to:

The Honorable Thomas E. Morris
United States Magistrate Judge

Timothy K. Lwanga

Counsel of Record

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