Senatus v. Lopez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-60818-CV-SMITH PENDER SENATUS, Petitioner, v. GERARDO LOPEZ, et al., Respondent. ______________________/ ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE This matter is before the Court upon the Report of Magistrate Judge [DE 54], in which she recommends that Defendants’ Motion to Strike Amended Complaint [DE 50] be denied.

To “challenge the findings and recommendations of the magistrate, a party must . . . [file] written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.” Heath v. Jones, 863 F.2d 815, 822 (11th Cir. 1989). “Upon receipt of objections meeting the specificity requirement set out above . . . [the district court] . . . make[s] a de novo determination of those portions of the report, proposed findings, or recommendation to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate.” Id. “The district judge reviews legal conclusions de novo, even in the absence of an objection.” Lacy v. Apfel, No. 2:97-CV-153-FTM-29D, 2000 WL 33277680, at *1 (M.D. Fla. Oct.

19, 2000) (citing Cooper–Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994)).

Neither party has filed objections to the Report of Magistrate Judge. The Defendants have filed a notice of no objections. Having reviewed, de novo, the Report of Magistrate Judge and the record, and given that there are no objections, it is ORDERED that 1) The Report [DE 54] is AFFIRMED AND ADOPTED; 2) The Motion to Strike [DE 50] is DENIED.

3) The Defendants shall file an answer to the Amended Complaint within twenty days of entry of this order.

DONE AND ORDERED in Fort Lauderdale, Florida, on this 15th day of November 2021.

RODNEY SMITH UNITED STATES DISTRICT JUDGE cc: Pender Senatus B-L12331 South Florida Reception Center Inmate Mail/Parcels 14000 NW 41st Street Doral, FL 33178 PRO SE Johnathan Douglas Lott DOJ-USAO E Broward Blvd, Suite 700 Fort Lauderdale, FL 33394 954-660-5931 Email: johnathan.lott @usdoj.gov8