Obediente v. HSBC Bank USA

Aug 31, 2026

8:26-cv-00790

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on consideration of the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge, entered on August 11, 2026. (Doc. 15). Judge Porcelli recommends that Plaintiff‘s motion to proceed in forma pauperis (Doc. 2) be denied, and that the complaint (Doc. 1) be dismissed without prejudice. 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 Porcelli‘s well-reasoned report and recommendation, the Court adopts the report and recommendation. Consequently, the complaint is dismissed without prejudice.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) Judge Porcelli‘s report and recommendation (Doc. 15) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

(2) Plaintiff‘s motion to proceed in forma pauperis (Doc. 2) is DENIED.

(3) The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.

(4) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case.

DONE and ORDERED in Chambers, in Tampa, Florida, this 31st day of August, 2026.

TOM BARBER

UNITED STATES DISTRICT JUDGE