Torres Puello v. Guerrrero Mendez

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION JORGE ANIBAL TORRES PUELLO,

Plaintiff,

Case No. 5:20-cv-198-Oc-34PRL vs. RAFAEL ANTONIO GUERRERO MENDEZ,

Defendant.

/ O R D E R

THIS CAUSE is before the Court on the Report and Recommendation (Doc. 40; Report), entered by the Honorable Philip R. Lammens, United States Magistrate Judge, on December 18, 2020. In the Report, Judge Lammens recommends that this action be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See Report at 5. 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 finding or recommendations by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo 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. The Magistrate Judge’s Report and Recommendation (Doc. 40) is ADOPTED as the opinion of the Court.

2. This case is DISMISSED without prejudice.

3. The Clerk of the Court is directed to terminate any pending motions and close the file.

DONE AND ORDERED in Chambers this 11th day of January, 2021.

United States District Judge ja Copies to:

Counsel of Record Pro Se Parties