Bautista v. Walmart Stores East, L.P.
Bautista v. Walmart Stores East, L.P.
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
PEDRO SALAS BAUTISTA, as guardian and representative of Johandrys Jesus Salas Barboza,
Plaintiff,
v. Case No: 2:22-cv-362-JES-NPM
WALMART STORES EAST, L.P., a Foreign Limited Partnership and JOHN DOE,
Defendants.
OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #40), filed November 3, 2022, recommending that plaintiff be required to amend the Complaint (Doc. #3) to omit John Doe as a party. 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 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. An Amended Complaint shall be filed within SEVEN (7) DAYS without John Doe. The Clerk shall terminate this defendant on the docket. DONE and ORDERED at Fort Myers, Florida, this 22nd day of November 2022,
fo ao Afr aff le fy DE, Ah Zook J9GHN E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record
Reference
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