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Scott V Polk County Sheriffs Office

              UNITED STATES DISTRICT COURT                              
                MIDDLE DISTRICT OF FLORIDA                              
                      TAMPA DIVISION                                    


AARON SCOTT,                                                               

  Plaintiff,                                                            

v.                                           Case No. 8:25-cv-674-TPB-TGW  

POLK COUNTY SHERIFF’S OFFICE, et al.,                                      

  Defendants.                                                           
________________________________________/                                  

       ORDER ADOPTING REPORT AND RECOMMENDATION                         
  This matter is before the Court on consideration of the report and recommendation 
of Thomas G. Wilson, United States Magistrate Judge, entered on July 3, 2025.  (Doc. 3).  
Judge Wilson recommends that Plaintiff’s complaint (Doc. 1) be dismissed without 
prejudice, with leave to amend.  No objection to the report and recommendation has been 
filed, 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 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 Wilson’s report and 
recommendation, the Court adopts the report and recommendation in full.   Consequently, 
the complaint is dismissed without prejudice.   Plaintiff    granted leave to file an 
amended complaint to correct the deficiencies identified in the report and 
recommendation, and should he decide to file an amended complaint, Plaintiff is directed 
to file a new motion to proceed without costs along with the amended complaint. 
   Accordingly, it is 
   ORDERED, ADJUDGED, and DECREED: 
(1)    Judge Wilson’s report and recommendation (Doc. 3) is AFFIRMED and 
      ADOPTED and INCORPORATED BY REFERENCE into this Order for all 
      purposes, including appellate review. 
(2)    The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE, with leave to 
      amend. 
(8)    Plaintiff is directed to file an amended complaint and motion to proceed without 
      costs on or before August 12, 2025.   Failure to file an amended complaint as 
      directed will result in this Order becoming a final judgment.   See Auto. 
      Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 
      719-20 (11th Cir. 2020). 
   DONE and ORDERED in Chambers, in Tampa, Florida, this 22nd day of July, 
2025. 
                                   VAP.   BAL 
                                 TOMBARBER iss—s— 
                                 UNITED STATES DISTRICT JUDGE 

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