Horowitz v. Mercedes-Benz Financial Services USA LLC

United States District Court for the Middle District of Florida

Horowitz v. Mercedes-Benz Financial Services USA LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

RONALD HOROWITZ,

Plaintiff, Case No. 3:22-cv-119-MMH-PDB v.

MERCEDES-BENZ FINANCIAL SERVICES USA LLC,

Defendant. /

O R D E R

THIS CAUSE is before the Court on the Report & Recommendation (Dkt. No. 6; Report), entered by the Honorable Patricia D. Barksdale, United States Magistrate Judge, on April 5, 2022. In the Report, Judge Barksdale recommends that this case be dismissed without prejudice. See Report at 2. Plaintiff has failed to file objections to the Report, 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.8d 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 Report & Recommendation (Dkt. No. 6) is ADOPTED as the opinion of the Court. 2. This case is DISMISSED without prejudice. 3. The Clerk of Court is directed to terminate all pending motions and deadlines as moot and close the file. DONE AND ORDERED in Jacksonville, Florida, this 25th day of April, 2022.

United States District Judge ja Copies to: Counsel of Record Pro Se Party

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