ESPINOSA v. AMERICAN SECURITY INSURANCE COMPANY
ESPINOSA v. AMERICAN SECURITY INSURANCE COMPANY
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:22-cv-20618-GAYLES/MCALILEY
JORGE A. ESPINOSA,
Plaintiff, v.
AMERICAN SECURITY INSURANCE COMPANY,
Defendant. /
ORDER
THIS CAUSE comes before the Court upon Magistrate Judge Chris M. McAliley’s Report and Recommendation of Dismissal (the “Report”) [ECF No. 15]. On March 31, 2022, United States District Judge Kathleen M. Williams referred this case to Judge McAliley, pursuant to
28 U.S.C. § 636, for a ruling on all discovery disputes and non-dispositive pretrial motions. [ECF No. 3]. On July 5, 2022, Judge McAliley issued her Report recommending that the Court dismiss this action without prejudice. Plaintiff timely filed objections. [ECF No. 16]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,
565 F.3d 1353, 1360(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,
199 F. Supp. 2d 1271, 1276(M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). Having conducted a de novo review of the record, the Court agrees with Judge McAliley’s well-reasoned analysis and conclusion that this action should be dismissed without prejudice. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Chris M. McAliley’s Report and Recommendation of Dismissal, [ECF No. 15], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. This case is DISMISSED without prejudice and CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of July, 2022.
Df Bld UNITED STATES DISTRICV JUDGE
Reference
- Status
- Unknown