UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-60360-BLOOM/Hunt

JOHN WISEMAN,

Plaintiff,

v.

EDWIN DIAZ; and DIGITAL-1, Inc.,

Defendants. _________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Defendant Edwin Diaz’s Motion to Dismiss Amended Complaint, ECF No. [15], filed on May 1, 2020 (“Motion”). The Motion was previously referred to the Honorable Patrick M. Hunt for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [23]. On September 1, 2020, the Magistrate Judge issued a R&R recommending that the Motion be granted and the case dismissed without prejudice. ECF No. [40]. The R&R states that the Plaintiff shall file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, Plaintiff has filed no objections despite the Court having granted an extension until September 29, 2020 to file objections, ECF No. [43]. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case, and is otherwise fully advised in the premises. See Williams v. McNeil,

(11th Cir. 2009) (citing

(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be GRANTED for the reasons set forth therein. Case No. 20-cv-60360-BLOOM/Hunt

Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [40], is ADOPTED; 2. The Motion, ECF No. [15], is GRANTED and the Amended Complaint, ECF No. [14], is DISMISSED without prejudice; 3. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED; and 4. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on September 30, 2020.

UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record