Brown v. Fort Myers Reef Acquisitions, LLC
Brown v. Fort Myers Reef Acquisitions, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
L. YVONNE BROWN,
Plaintiff,
v. Case No: 2:19-cv-739-FtM-29MRM
FORT MYERS REEF ACQUISITIONS, LLC, COASTAL RIDGE MANAGEMENT, LLC, STACY HESS, individually and in official capacity, and CARMINE MARCENO, individually and in official capacity,
Defendants.
OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #17), filed April 17, 2020, recommending that the case be dismissed for failure to prosecute. No objections or response was filed, and the time to respond 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); United States v. Powell,
628 F.3d 1254, 1256(11th Cir. 2010). 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). See also United States v. Farias-Gonzalez,
556 F.3d 1181, 1184 n.1 (11th Cir. 2009). 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. of Ga.,
896 F.2d 507, 512 (lith Cir. 1990) (quoting H.R. 1609, 94th Cong., § 2 (1976)). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co.,
37 F.3d 603, 604(lith Cir. 1994). After a careful and complete review of the findings and recommendations, as well as the record in this case, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #17) is hereby accepted and adopted. 2. The case is dismissed without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly, terminate all pending matters, and close the case. DONE and ORDERED at Fort Myers, Florida, this 6th day of May, 2020.
Q me pot : | hu >» Loot ade E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE
Copies: Hon. Mac R. McCoy United States Magistrate Judge
All Parties of Record
Reference
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