Mokris v. United States

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JANET MOKRIS, Plaintiff, v. Case No: 2:20-cv-34-JES-MRM UNITED STATES OF AMERICA, Defendant.

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #40), filed October 7, 2021, recommending that Plaintiff’s Motion for Judicial Notice (Doc. #36) be denied without prejudice. No objections have been filed and the time to do so 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); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in Both parties are represented by counsel. whole or in part, the findings and recommendations. 28 U.S.C. § 636(b) (1). 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); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (llth Cir. 1994) (Table).

After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge.

Accordingly, it is now ORDERED : 1. The Report and Recommendation (Doc. #40) is hereby adopted and the findings incorporated herein.

2. Plaintiff’s Motion for Judicial Notice (Doc. #36) is DENIED without prejudice.

DONE and ORDERED at Fort Myers, Florida, this 25th day of October, 2021.

J — Afr ff le by ) Ah Took JOHN E. STEELE SHHIOR UNITED STATES DISTRICT JUDGE Copies: Counsel of Record